Category: Issue 1
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Hydraulic Fracturing, Radioactive Waste, and Inconsistent Regulation
Introduction Innovation in hydraulic fracturing and the shift from traditional drilling to advanced hydraulic fracturing has changed the face of oil and gas production in the United States, resulting in a boom in production. The increase in production also means an increase in hydraulic fracturing waste.[2] Ninety-eight percent of oil and gas waste is produced…
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International Energy Investments and Unrecognized States: Opportunities and Risks for Private Actors
The recognition of an entity as a state is pivotal in international law. Whether it be that recognition grants statehood or merely confirms a state’s legal existence, it has important implications for the concerned entity and for the entire international community. This article analyzes the impact of non-recognition on private energy companies holding investment interests…
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The Arkema Chemical Facility Incident: How the Regulation of Reactive Chemicals and the Incorporation of Climate Change Risks in Emergency Response Planning Could Mitigate and Prevent Future Accidental Chemical Releases
Introduction From 2006 to 2016, 60 people died, 17,000 were injured, 500,000 people were forced to evacuate their homes, and more than $2 billion in property damage occurred as a result of 15,000 incidents related to chemical plant operation safety in the United States.[2] This Note examines several of the factors that contribute to high…
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The Conflicting Mandate: Agency Paralysis Through the Congressional Review Act’s Resubmit Provision
Introduction In March 2017, Congress invoked a twenty-one-year-old law—previously used only once—to invalidate a broad swath of late Obama-era regulations. The Congressional Review Act (“CRA” or “Act”), is a once obscure law that now features prominently in the national spotlight.[2] It seems apparent that until recently, few realized exactly how powerful the CRA could be.…
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Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Exports in the Pacific Northwest
Indian treaty fishing rights scored an important judicial victory recently when an equally divided U.S. Supreme Court affirmed the Ninth Circuit’s decision in the so-called “culverts case,” which decided that the Stevens Treaties of the 1850s give the tribes a right to protect salmon migration obstructed by barrier road culverts. The implications of that decision…
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Priority Disputes Between Holders of Old Order Mineral Rights and Holders of Prospecting Rights or Mining Rights Under the MPRDA in South Africa: Aquila Has Not Landed
“Cui bono?” Cicero As part of the radical transformation of the mineral regime of South Africa, the African National Congress (“ANC”) government introduced the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) on May 1, 2004. The MPRDA not only vested mineral resources in the custody of the state but also provided for…