Oil, Gas, and Mineral Law Commons^™

Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.

Tax Planning For Foreign Expansion By U.S. Petroleum Companies, Martin Van Brauman

Journal of Natural Resources & Environmental Law

No abstract provided.

The Broad Form Deed Amendment: Does It Still Have A Purpose? An Analysis Of The Broad Form Deed Amendment In Light Of Ward V. Harding, Robert H. Eardley

Journal of Natural Resources & Environmental Law

No abstract provided.

Appeal No. 0981:Viking Resources Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2019-387

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale …

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis. It also …

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to continue …

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and …

The Case For A Climate-Smart Update Of The Africa Mining Vision, Perrine Toledano, Martin Dietrich Brauch, Karan Bhulwaka, Kojo Busia

Columbia Center on Sustainable Investment Staff Publications

The 2009 Africa Mining Vision (AMV) provides guidance for the industrialization of African countries by leveraging their mining sector. However, the global context has changed since its adoption. As a result, it does not include guidance on how governments should embrace the climate change agenda as an opportunity for better and further industrialization, deeper linkages, and sustainable development.

There are many ways to look at the implications of international climate change policy for Africa, including through the increased extraction of minerals needed in clean energy application and the greening of mines. The localization of global value chains – induced by …

Contractual Protections Against The Resource Nationalism Cycle In Zambia, Sangwani Patrick Ng'ambi

Cardozo International & Comparative Law Review

Foreign direct investment (FDI) in resource rich nations is typically fostered through concession or development agreements, which enable investors to explore and exploit the host State's natural resources. Under these agreements various incentives are offered to the investor by the host State, so as to attract their capital. However, once the investment is sunk, the investor becomes susceptible to the resource nationalism cycle. Investors are particularly vulnerable when the natural resource experiences a sustained upward trend. In such instances, the host State seeks to maximize the benefits accruingfrom the natural resource. This can either be accomplished through reversing the tax …

Wetlands Regulations Affecting Coal Mining And Oil And Gas Operations, Anthony P. Tokarz, Betsy Ennis Dulin

Journal of Natural Resources & Environmental Law

No abstract provided.

Rights Of Surface Owners On Federally Patented Lands, Hector Lareau

Journal of Natural Resources & Environmental Law

No abstract provided.

Givens V. Mountain Valley Pipeline, Llc And The Unresolved Circuit Split, Karen Alday

Texas A&M Journal of Property Law

The natural gas industry is central to the United States economy. However, due to vague regulations and judicial leniency, natural gas pipeline companies have almost zero restraint in exercising eminent domain. Their current operations mirror that of the federal government’s authority to exercise immediate possession. Recently, landowners have contested the pipeline industry’s authority to exercise eminent domain, which has developed into a circuit split. The Fourth Circuit, and the six other circuits that have followed suit, hold that pipeline companies have the substantive right to immediate entry and are entitled to a preliminary injunction before a trial on just compensation. …

Kepastian Hukum Pengelolaan Sektor Hulu Migas Dengan Kontrak Bagi Hasil Split Yang Bersifat Lintas Sektor Dan Implementasinya Terhadap Pertumbuhan Investasi Disektor Hulu Migas, Bunga Nostalgi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In early 2017, Indonesia establish anew form of Production Sharing Contract (PSC). fromPSC cost recovery to PSC gros split. PSC gross split is expected to be a solution to thedecline upstream oil and gas investment level, and to increase state revenues. ThroughESDM Regulation No. 8/2017 PSC gross split was applied. The basic term by PSC grosssplit are there’s no cost recovery, base split, component variable and component progresifas a compliance of profit sharing adjustments, self procurement by the contractor withoutSKK Migas approval, and Plan Of Development (POD) approval less than one month.This study aims to determine the legal certainty in …

Severance Taxes As An Offensive Weapon: The Forbidding Legacy Of Wyoming V. Oklahoma, Judy Jones Lewis

Journal of Natural Resources & Environmental Law

No abstract provided.

Federal Tax Considerations In Foreign Oil And Gas Operations By Domestic Oil Companies, Martin M. Van Braumen

Journal of Natural Resources & Environmental Law

No abstract provided.

Defining Coal Dredging As Surface Mining Under Smcra: Cumberland Reclamation Co. V. United States, Stefan R. Hughes

Journal of Natural Resources & Environmental Law

No abstract provided.

Joint Operating Agreements: An International Comparison From Petroleum Law, Alexander J. Black, Hew R. Dundas

Journal of Natural Resources & Environmental Law

No abstract provided.

Mining Waste And The Resource Conservation And Recovery Act: An Overview, Glenn C. Van Bever

Journal of Natural Resources & Environmental Law

No abstract provided.