Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition,
2019
University of Montana
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Public Land & Resources Law Review
No abstract provided.
Enough Is Enough : Ten Years Of Carcieri V . Salazar,
2019
University of Arizona
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Public Land & Resources Law Review
Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …
Board Of Editors,
2019
University of Montana
Table Of Contents,
2019
University of Montana
Letter To The Reader,
2019
University of Montana
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration,
2019
University of California, Hastings College of the Law
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy
Public Land & Resources Law Review
No abstract provided.
Constitutional Protections Of Property Interests In Western Water,
2019
Lewis and Clark Law School
Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones
Public Land & Resources Law Review
No abstract provided.
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018,
2019
University of Montana
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor
Public Land & Resources Law Review
No abstract provided.
Massachusetts Lobstermen’S Association V. Ross,
2019
Alexander Blewett III School of Law at the University of Montana
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Public Land & Resources Law Review
President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects of scientific interest, and dismissing …
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development,
2019
American University Washington College of Law
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Grazing is fundamental to Navajo identity, yet management of the Navajo range remains highly problematic. This Essay connects the federal government's devastating livestock reduction effort of the 1930s with the inability of the Navajo Nation to place meaningful limits on grazing and the power of grazing permittees. It argues that the Navajo Nation should consider reasserting the tribe's traditional understanding that property rights depend on use as a way to create space for reservation development.
Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception,
2019
Cornell Law School, J.D. 2020
Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn
Cornell International Law Journal
The Foreign Sovereign Immunities Act of 1976 (FSIA) constitutes an exception for sovereign states to the normal jurisdictional rules that govern when parties are subject to suit in US courts. The commercial activity provision is a carveout within that broad exception-it deprives sovereign states of their exceptional immunity when they engage in commercial conduct. Within this framework, courts have used the natural resource rule to circumvent the commercial activity carveout and restore immunity to sovereign states. This Note argues that the rule should be abandoned in favor of a much more limited test, thereby increasing the number of sovereign states …
The Texas Supreme Court's Evolving Mineral-Deed Jurisprudence In The Shale Era: The Implications Of Wenske V. Ealy,
2019
St. Mary's University School of Law
The Texas Supreme Court's Evolving Mineral-Deed Jurisprudence In The Shale Era: The Implications Of Wenske V. Ealy, Laura H. Burney
Faculty Articles
The twenty-first century oil and gas boom in the Lone Star State stimulated the industry and enriched Texas landowners. However, the technologies credited with igniting this boom, hydraulic fracturing and horizontal drilling, could not prevent the historic boom-to-bust cycle. Instead, the production unleashed from shale plays in Texas and other states created a world-wide glut, sinking oil prices from highs above $100 to a low of $26 per barrel. Yet, thanks in part to plays in West Texas, "Shale 2.0" is underway. The booms have blessed and cursed Texas, leading to a variety of legal disputes. Disputes that have plagued …
Oil, Gas, And Mineral Law,
2019
Brown & Fortunato, P.C.
Oil, Gas, And Mineral Law, Richard F. Brown
SMU Annual Texas Survey
No abstract provided.
How International Oil Companies Could Assist Greece To Achieve The Sustainable Development Goals: A Conversation Starter,
2019
Energy and Natural Resources Advisor to the President of Nea Dimokratia
How International Oil Companies Could Assist Greece To Achieve The Sustainable Development Goals: A Conversation Starter, Alexandra Sdoukou, Andreas Tornaritis, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
This policy paper wishes to be a timely contribution towards a fruitful debate among stakeholders; it urges International Oil Companies (IOCs) to examine how the critical Sustainable Development Goals (SDGs) for Greece can be integrated into their core business so that the oil and gas industry can contribute to the country’s sustainable growth.
Reputational And Integrity Due Diligence On Investors,
2019
Columbia Law School
Reputational And Integrity Due Diligence On Investors, Kroll, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
Before deciding to invest, companies and investors will perform background research on the uncertainties and risks associated with the proposed investment. For natural resource projects, there are risks around geology, market and price developments, construction delays, operations, regulatory changes, political disruptions, and reputational issues. Feasibility studies and due diligence assessments aim to better understand these risks, reduce uncertainty where possible and be better prepared to manage them.
Governments too should understand the risks that are associated with the proposed investments and get to know the investors before entering into negotiations or signing contracts. This is particularly important for long-term agreements …
Developing A Model For Effective Community Development Agreements In The Extractive Industries,
2019
Claremont Colleges
Developing A Model For Effective Community Development Agreements In The Extractive Industries, John Nikolaou
CMC Senior Theses
Natural resource development has tremendous potential to create inclusive economic growth in countries well-endowed with oil, mineral, and agricultural resources. At the same time, natural resource development can cause negative environmental externalities, and, in several cases, extractives companies can engage in labor abuse.
The intersection of the government’s and the corporation’s interest can lie in Corporate Social Responsibility Projects.This thesis will analyze an alternative model of CSR: community development agreements (CDAs). CDAs are voluntary, or sometimes government mandated, agreements between the project developer and the project affected community that define company commitments to issues such as environmental impact mitigation, benefit …
Introduction: What You Don't Know Does Protect You,
2019
New Mexico Environment Department
Introduction: What You Don't Know Does Protect You, Rebecca Roose
Natural Resources Journal
No abstract provided.
Introduction: Property In Ecology,
2019
University of New Mexico
Introduction: Property In Ecology, Jonathan H. Adler
Natural Resources Journal
No abstract provided.
New Materialism: An Ontology For The Anthropocene,
2019
University of New Mexico - Main Campus
New Materialism: An Ontology For The Anthropocene, Melinda Harm Benson
Natural Resources Journal
This article argues that the Anthropocene is not simply a new geologic epoch; it is an opportunity to embrace a new ontology. In it, we can reconfigure our orientation to the material world. The current, dominant ontology casts humans as villains responsible for mass extinctions, polluted oceans, and climate change. This ontology reinforces a familiar binary—one in which humans are separate from and doing things to nature. Humans are ruining the planet, causing it to fundamentally change in ways that are not “natural” precisely because humans are the agent of change. This view is perhaps best described by environmentalist Bill …
Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018),
2019
University of New Mexico - School of Law
Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa
Faculty Scholarship
On August 5, 2015, contractors for the U.S. Environmental Protection Agency (EPA) investigating the Gold King Mine in southwestern Colorado accidently released some three million gallons of contaminated water into the Animas River, triggering weeks of front-page headlines, months of congressional hearings, and now years of litigation. River of Lost Souls: The Science, Politics, and Greed Behind the Gold King Mine Disaster, a new book by Jonathan P. Thompson, suggests by its title a human folly behind this “disaster” much broader and deeper than one tragic accident wrought by EPA contractors. On this thesis, Thompson certainly delivers. However, what …
