Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration,
2018
University of Miami School of Law
Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley
Articles
No abstract provided.
Fracking Coal Country: How Local Governments And The State Can Make A Positive Impact On Rural Appalachia's Future Within The Energy Industry,
2018
University of Kentucky
Fracking Coal Country: How Local Governments And The State Can Make A Positive Impact On Rural Appalachia's Future Within The Energy Industry, Shannon L. Rutherford
Kentucky Law Journal
No abstract provided.
Food, Fracking, And Folly,
2018
University of Oklahoma College of Law
Food, Fracking, And Folly, Melissa Mortazavi
Faculty Articles
Few industries in the United States carry the clout and capital of the oil and gas and agricultural sectors. Economic behemoths, their booms and busts shape the destinies of states, define national policy, and secure the life or death of small towns across the United States. Like it or not, the agriculture and oil and gas industries have strong lobbies and vehement and mobilized constituencies. Recent years have seen both sectors facing public push-back on modern trends in extraction, growth, and methods of production. In response to these developments, these industries have used their considerable political capital to seek new …
Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard,
2018
American University Washington College of Law
Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker
American University Law Review
No abstract provided.
Regulate Or Be Regulated: Why Professional Landmen Should Be Proactive In Protecting The Integrity Of Their Occupation,
2018
Texas A&M University School of Law
Regulate Or Be Regulated: Why Professional Landmen Should Be Proactive In Protecting The Integrity Of Their Occupation, Brian J. Steinocher
Texas A&M Journal of Property Law
In most states, the landman profession is unregulated and free to define itself. Work performed by landmen often flirts with the practice of law, but under Texas law much of the work that landmen perform is excepted from the unlicensed practice of law. Historically, the American Association of Professional Landmen (“AAPL”) has been influential in guaranteeing that this exception stays available to landmen all over the United States and that landmen are not subject to licensing requirements in the states they work in. In light of the recent, unsuccessful attempt by the Texas legislature to regulate landmen, this Article will …
Using Emergency Powers To Provide Financial Assistance To Coal And Nuclear Plants,
2018
West Virginia University
Using Emergency Powers To Provide Financial Assistance To Coal And Nuclear Plants, James M. Van Nostrand
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Oil, Gas, And Mineral Law,
2018
Brown & Fortunato, P.C.
Oil, Gas, And Mineral Law, John F. Brown
SMU Annual Texas Survey
No abstract provided.
The Enforceability Of Consent-To-Assign Provisions In Texas Oil And Gas Leases,
2018
Weil, Gotshal & Manges
The Enforceability Of Consent-To-Assign Provisions In Texas Oil And Gas Leases, T. Ray Guy, Jason Wright
SMU Law Review
Oil and gas leases are unique instruments that, on their face, appear to be contracts or traditional landlord–tenant leases. Indeed, landowners often desire to have them treated as such by including provisions giving a lessor power to limit or control any assignment of the lease. Typically, this takes the form of a consent-to-assign provision seen in many types of ordinary contracts and leases. In Texas, however, an oil gas lease actually conveys a fee simple property interest; and property law, far more than contract or landlord–tenant law, greatly disfavors any restraint that acts to restrict the free transferability (or “alienation”) …
Climate Change, Corporate Social Responsibility, And The Extractive Industries,
2018
Dalhousie University Schulich School of Law
Climate Change, Corporate Social Responsibility, And The Extractive Industries, Sara Seck
Articles, Book Chapters, & Popular Press
During the negotiation of the Paris Agreement, many argued that the final text should integrate a human rights approach so as to better align climate governance under the UNFCCC with climate justice. Reference to human rights ultimately appeared only in the Preamble, despite submissions from the UN High Commissioner for Human Rights that urgent and ambitious State action to combat climate change is an existing duty of international human rights law. Another submission highlighted the role of businesses as duty-bearers who must contribute to climate mitigation and be accountable for climate impacts. This article will consider an unexplored avenue through …
Implementing Shared-Use Of Mining Infrastructure To Achieve The Sustainable Development Goals,
2018
Columbia Law School, Columbia Center on Sustainable Investment
Implementing Shared-Use Of Mining Infrastructure To Achieve The Sustainable Development Goals, Perrine Toledano, Nicolas Maennling
Columbia Center on Sustainable Investment Staff Publications
Many of the Sustainable Development Goals will only be achieved if the population has access to basic services, such as access to water, power, transport, and telecommunications. However, in many developing countries there is a lack of infrastructure to guarantee these services and there are insufficient public funds to finance growing needs. In resource-rich countries, the mining sector can play a key role in increasing access to infrastructure. Mining-related infrastructure is often developed to serve the exclusive need of the investors, but if it is shared and developed to serve the broader needs and uses of the host economy it …
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal,
2018
University of Oklahoma College of Law
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph Schremmer
Faculty Articles
This Article argues that the Commission's legitimate interest in enforcing its oil and gas regulations, especially including well-plugging regulations, does not justify absolute imputation of regulatory liability to third-party operators under Kan. Stat. Ann. § 55-155(c)(4). But, under certain circumstances, the state's interest may justify imputing personal liability on the individual constituents of a license applicant where the individual is culpable for the underlying regulatory violation or the applicant has a business connection with the operator primarily responsible for the violation, and the competing public policies of groundwater protection and limited liability justify the imputation. This Article proposes a procedural …
New Mexico’S Renewable Portfolio Standard: Analysis Of Existing Policy Design Elements And Compliance Obligations Beyond 2020,
2018
University of New Mexico - School of Law
New Mexico’S Renewable Portfolio Standard: Analysis Of Existing Policy Design Elements And Compliance Obligations Beyond 2020, Gabriel Pacyniak
Faculty Scholarship
This white paper analyzes two elements of New Mexico’s current Renewable Portfolio Standard (RPS) in advance of the state legislature’s consideration of an RPS expansion in the 2019 legislative session. First, the paper surveys key policy design elements of the current RPS, compares those elements to other state RPSs, and identifies “policy considerations” that may inform legislative or regulatory action. Among the findings from this part of the analysis are that: 1) other states have set much higher RPS targets; 2) that New Mexico’s RPS has uniquely restrictive cost-containment measures that limit cost impacts but also prohibit the full RPS …
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development,
2018
University of Colorado Law School
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel
Publications
This paper presents a strategic, solution-based plan as a companion to our recent article, Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation, 40 Harv. J.L. Gender 1 (2017). As a second phase of our work to combat the issues of human trafficking and attendant drug abuse on the Mandan, Hidatsa and Arikara Nation (MHA Nation), we developed a strategic plan to better understand the time, scale, and capacity necessary to address the rising social problems accompanying the boom of oil and gas development there. During our process, we discovered, …
Drilling When The Well Goes Dry: The Oklahoma Corporation Commission & The Police Power Exception To The Automatic Stay,
2018
University of Oklahoma College of Law
Drilling When The Well Goes Dry: The Oklahoma Corporation Commission & The Police Power Exception To The Automatic Stay, Connor R. Bourland
Oklahoma Law Review
No abstract provided.
Regulatory Fracture Plugging: Managing Risks To Water From Shale Development,
2018
Antonin Scalia Law School at George Mason University
Regulatory Fracture Plugging: Managing Risks To Water From Shale Development, Caroline Cecot
Texas A&M Law Review
Debates about the desirability of widespread shale development have highlighted outstanding uncertainty about its health, safety, and environmental impacts—most prominently, its water-contamination risks—and the ability of current institutions to deal with these impacts. States, the primary regulators of oil and gas extraction, face pressure from the energy industry, local communities, and, in some cases, the federal government to strike the right balance between energy production and the health and safety of individuals and the environment—an elusive balance given the ongoing risk uncertainty. This dynamic is not especially unique to fracking, or even oil and gas extraction; instead, this dynamic, characterized …
Protecting Offshore Areas From Oil And Gas Leasing: Presidential Authority Under The Outer Continental Shelf Lands Act And The Antiquities Act,
2018
University of Washington School of Law
Protecting Offshore Areas From Oil And Gas Leasing: Presidential Authority Under The Outer Continental Shelf Lands Act And The Antiquities Act, Robert T. Anderson
Articles
For over one hundred years, presidents of both parties have used executive power to protect America’s lands and waters. Until the second half of the twentieth century, however, little attention was given to protecting the marine ecosystem. Federal authority reaches out to two hundred miles or more in the oceans off the United States, covering an area known as the Outer Continental Shelf. Federal interest in the area historically focused on developing oil and gas reserves and ensuring that the area was open to trade and commerce. The area is also very important for indigenous subsistence uses and commercial and …
United States V. Osage Wind, Llc,
2017
Alexander Blewett III School of Law at the University of Montana
United States V. Osage Wind, Llc, Summer Carmack
Public Land & Resources Law Review
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …
Recent Case Decisions,
2017
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Reexamination And Reformulation Of The Habendum Clause Paying Quantities Standard Under Oil And Gas Leases,
2017
University of Oklahoma College of Law
A Reexamination And Reformulation Of The Habendum Clause Paying Quantities Standard Under Oil And Gas Leases, Alex Ritchie
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Siting Carbon Dioxide Pipelines,
2017
University of Oklahoma College of Law
Siting Carbon Dioxide Pipelines, Tara K. Righetti
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
