Louisiana,
2020
University of Oklahoma College of Law
Louisiana, Garrett Korbitz
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Kentucky,
2020
University of Oklahoma College of Law
Kentucky, Gary Holland
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Kansas,
2020
University of Oklahoma College of Law
Kansas, Steven Rhodes, Sarah Trainer
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Illinois,
2020
University of Oklahoma College of Law
Illinois, Nash Bowen
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Colorado,
2020
University of Oklahoma College of Law
Colorado, Diana S. Prulhiere, David R. Little
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Arkansas,
2020
University of Oklahoma College of Law
Arkansas, Andreah Frenn
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Alaska,
2020
University of Oklahoma College of Law
Alaska, Steven A. Rhodes, Zachary H. Barrett
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2020
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Jake Ware
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management,
2020
Case Western Reserve University School of Law
Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Issuance of Permits; Salt-1 Well, Salt-2 Well, Salt-3 Well (Powhatan Salt Company, LLC)
When Less Is More: Minimalism And The Environment,
2020
Barry University School of Law
When Less Is More: Minimalism And The Environment, Crisol Lopez Palafox
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Free, Prior And Informed Consent: Addressing Political Realities To Improve Impact,
2020
Columbia Law School, Columbia Center on Sustainable Investment
Free, Prior And Informed Consent: Addressing Political Realities To Improve Impact, Tehtena Mebratu-Tsegaye, Leila Kazemi
Columbia Center on Sustainable Investment Staff Publications
Indigenous and Tribal peoples’ right to free, prior and informed consent (FPIC) has transformative potential. Yet, there is a considerable gap between the theory and what happens in practice. Global actors supporting recognition of FPIC and effective prior consultation processes usually focus on normative standards and best practices. They concentrate much less on addressing the political challenges and opportunities that shape how these processes unfold.
With funding from the Ford Foundation, we looked at the politics of FPIC in Latin America, analyzing how the power and interests of the key players–across governments, companies and indigenous peoples–can determine the fate of …
The Comet Framework: Greenhouse Gas Data Transparency To Enable The Success Of Eu Climate Policy,
2020
Columbia Law School, Columbia Center on Sustainable Investment
The Comet Framework: Greenhouse Gas Data Transparency To Enable The Success Of Eu Climate Policy, Martin Dietrich Brauch, Solina Kennedy
Columbia Center on Sustainable Investment Staff Publications
To further and fully understand how to plan for the decarbonization of mining value chains, we need better data on carbon and other greenhouse gas (GHG) emissions. However, neither consumers, corporates, or financial institutions know the embodied emissions in the products they produce or sell. While methods like life-cycle analysis and environmental product declarations exist, none use a verifiable, comparable, or widely adopted emissions reporting framework capable of sending supply chain signals.
To truly reform material supply chains, new solutions for markets, capital, and policy are required. COMET (the Coalition on Materials Emissions Transparency)—an alliance launched at Davos in January …
Preview—Park County Environmental Council V. Montana Department Of Environmental Quality: A Test Of Montana’S Right To A Clean And Healthful Environment,
2020
Alexander Blewett III School of Law at the University of Montana
Preview—Park County Environmental Council V. Montana Department Of Environmental Quality: A Test Of Montana’S Right To A Clean And Healthful Environment, Liz M. Forster
Public Land & Resources Law Review
The Supreme Court of Montana will hear oral arguments in this matter on Wednesday, September 30, 2020, at 9:30 a.m. in the Mazurek Justice Building in Helena, Montana. This case challenges a key provision of Montana’s bedrock environmental law—the Montana Environmental Policy Act (“MEPA”)—and tests the judicial power of the state’s constitutional right to a clean and healthful environment to issue injunctions to prevent environmental harm.
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al.,
2020
Alexander Blewett III School of Law at the University of Montana
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Public Land & Resources Law Review
A single cross-border pipeline project has been the epicenter of environmental litigation for the last decade—and it is not over yet. For years, TransCanada Keystone Pipeline, LP and TC Energy have sought to construct and maintain a segment of the Keystone pipeline between the United States and Canada to connect existing pipeline infrastructure and transport crude oil. To do so, the company must first apply and be approved for a permit. Between 2008 and 2012, President Obama twice denied TransCanada Keystone Pipeline and TC Energy’s applications. Then, in 2017 and again in 2019, President Trump unilaterally invited TC Energy’s application …
Montana Wildlife Federation V. Bernhardt,
2020
Alexander Blewett III School of Law at the University of Montana
Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien
Public Land & Resources Law Review
A federal court in Montana vacated the lease sale of several large oil and gas developments in Montana and Wyoming because BLM’s revised guidance documents, which facilitated the lease sales, failed to prioritize development outside of sage-grouse habitat, as required by BLM land use plans. BLM adopted the prioritization requirement in 2015 as part of an effort to prevent the sage-grouse from being listed under the Endangered Species Act. The court held BLM violated the Federal Land Policy and Management Act when it essentially eliminated the prioritization requirement and approved the lease sales without properly amending the land use plans.
Modernizing The Fair And Equitable Treatment Standards In The Energy Charter Treaty,
2020
University of Miami Law School
Modernizing The Fair And Equitable Treatment Standards In The Energy Charter Treaty, Sydney Thurman-Baldwin
University of Miami Business Law Review
As oil and gas continue to be hot commodities for national economies, the number of international arbitrations in the energy sector has continued to rise in recent years. As the utilization of International Arbitration continues to rise in Energy disputes, so does the invocation of The Energy Charter Treaty (“ECT”). The ECT promotes inter-governmental cooperation with contracting parties in the energy sector through its provisions on investment protection, provisions on trade, transit of energy, energy efficiency, environmental protection and dispute resolution. These provisions are considered to be the cornerstone of the treaty, fostering a ‘level playing field’ for foreign investments …
U.S. Forest Service V. Cowpasture River Preservation Ass'n.,
2020
Alexander Blewett III School of Law at the University of Montana
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the …
National Wildlife Federation V. Secretary Of The United States Department Of Transportation,
2020
Alexander Blewett III School of Law at the University of Montana
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.
Reflection On Shale Gas Fracking Risk Assessment And Management In The United States,
2020
University of Washington School of Law
Reflection On Shale Gas Fracking Risk Assessment And Management In The United States, Yosra Abid
Washington Journal of Environmental Law & Policy
Hydraulic fracturing, or fracking, is the current technology of choice for developing most shale gas reserves. This technology allows increased production of natural gas from formerly inaccessible shale formations. One of the primary environmental impacts of concern for fracking is its potential to contaminate water.
This paper focuses on the potential risks affecting the drinking-water resources throughout the complete lifecycle of a drilled and fractured well. Given the significant environmental concerns, fracking risk assessment (what we know about the risk), and fracking risk management (what we wish to do about the risk) appear to be indispensable steps for the enactment …
Mcgirt V. Oklahoma,
2020
Alexander Blewett III School of Law at the University of Montana
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
