scholarly journals The Role of Trust Law Principles in Defining Public Trust Duties for Natural Resources

2021 ◽  
pp. 77
Author(s):  
John Dernbach
Keyword(s):  
Natural Resources ◽  
Oil And Gas ◽  
Public Trust ◽  
The United States ◽  
The Body ◽  
General Trust ◽  
Charitable Trust ◽  
Trust Law

Public trusts for natural resources incorporate both limits and duties on governments in their stewardship of those natural resources. They exist in every state in the United States—in constitutional provisions, statutes, and in common law. Yet the law recognizing public trusts for natural resources may contain only the most basic provisions—often just a sentence or two. The purpose and terms of these public trusts certainly answer some questions about the limits and duties of trustees, but they do not answer all questions. When questions arise that the body of law creating or recognizing a public trust for natural resources does not fully answer, trustees, lawyers, and courts often look to trust law for help. In fact, they have been doing so for more than a century, including in the U.S. Supreme Court’s landmark 1892 public trust decision, Illinois Central Railroad Co. v Illinois. In this sense, trust law provides a set of background or underlying principles for interpreting and applying public trusts. Using cases from around the country, this Article sets out a four-step methodology for determining when and how to use trust law principles to help interpret public trusts. This methodology can be applied in any case involving the use of specific trust principles to help interpret any particular public trust. This Article also explains that the relevant trust law should not be limited to private trust law, but rather it should include general trust principles, charitable trust law principles, and private (or noncharitable) trust law principles. This Article uses a 2019 Commonwealth Court of Pennsylvania decision, Pennsylvania Environmental Defense Foundation v. Commonwealth, as a case study. The case applies article I, section 27 of the Pennsylvania Constitution, which requires that public natural resources be conserved and maintained for the benefit of present and future generations. In that case, the court used an interpretation of private trust law to decide that the state could spend some bonus and rental payment money from oil and gas leasing on state forest and park land, which is constitutional public trust property, for non-trust purposes. This Article applies the four-part methodology to the case, explains general trust law and charitable trust law principles that the Commonwealth Court of Pennsylvania did not address, and argues that the use of these principles better fits the constitutional public trust. It concludes that the money from bonus and rental payments should be spent entirely for the purposes of the trust. This Article draws attention to both the potential value of trust law principles and also to their potential danger in the interpretation and application of public trust laws for natural resources. Trust law has the potential to enhance the protectiveness of public trusts by imposing various fiduciary duties on trustees. It also has the potential to undermine public trusts, particularly through rules requiring or encouraging that trust assets be financially productive. To vindicate public trusts for natural resources, environmental and natural resources lawyers need to become better trust lawyers.

Varied Responses to Human-Induced Seismicity in the City of Azle, Texas

2019 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
Sarmistha R. Majumdar
Keyword(s):  
State Government ◽  
Induced Seismicity ◽  
Oil And Gas ◽  
The United States ◽  
The State ◽  
Prior History ◽  
Small Community ◽  
Regulatory Policies ◽  
The Status

Fracking has helped to usher in an era of energy abundance in the United States. This advanced drilling procedure has helped the nation to attain the status of the largest producer of crude oil and natural gas in the world, but some of its negative externalities, such as human-induced seismicity, can no longer be ignored. The occurrence of earthquakes in communities located at proximity to disposal wells with no prior history of seismicity has shocked residents and have caused damages to properties. It has evoked individuals’ resentment against the practice of injection of fracking’s wastewater under pressure into underground disposal wells. Though the oil and gas companies have denied the existence of a link between such a practice and earthquakes and the local and state governments have delayed their responses to the unforeseen seismic events, the issue has gained in prominence among researchers, affected community residents, and the media. This case study has offered a glimpse into the varied responses of stakeholders to human-induced seismicity in a small city in the state of Texas. It is evident from this case study that although individuals’ complaints and protests from a small community may not be successful in bringing about statewide changes in regulatory policies on disposal of fracking’s wastewater, they can add to the public pressure on the state government to do something to address the problem in a state that supports fracking.

Shale Resources, Parks Conservation, and Contested Public Lands in North Dakota’s Theodore Roosevelt National Park: Is Fracking Booming?

2020 ◽  
Vol 4 (1) ◽  
pp. 1-13
Author(s):  
Miriam R. Aczel ◽  
Karen E. Makuch
Keyword(s):  
National Park ◽  
Oil And Gas ◽  
The United States ◽  
Federal Agencies ◽  
Cultural Significance ◽  
Theodore Roosevelt ◽  
Natural Beauty ◽  
Theodore Roosevelt National Park ◽  
Bakken Shale

This case study analyzes the potential impacts of weakening the National Park Service’s (NPS) “9B Regulations” enacted in 1978, which established a federal regulatory framework governing hydrocarbon rights and extraction to protect natural resources within the parks. We focus on potential risks to national parklands resulting from Executive Orders 13771—Reducing Regulation and Controlling Regulatory Costs [1]—and 13783—Promoting Energy Independence and Economic Growth [2]—and subsequent recent revisions and further deregulation. To establish context, we briefly overview the history of the United States NPS and other relevant federal agencies’ roles and responsibilities in protecting federal lands that have been set aside due to their value as areas of natural beauty or historical or cultural significance [3]. We present a case study of Theodore Roosevelt National Park (TRNP) situated within the Bakken Shale Formation—a lucrative region of oil and gas deposits—to examine potential impacts if areas of TRNP, particularly areas designated as “wilderness,” are opened to resource extraction, or if the development in other areas of the Bakken near or adjacent to the park’s boundaries expands [4]. We have chosen TRNP because of its biodiversity and rich environmental resources and location in the hydrocarbon-rich Bakken Shale. We discuss where federal agencies’ responsibility for the protection of these lands for future generations and their responsibility for oversight of mineral and petroleum resources development by private contractors have the potential for conflict.

Hypothetical Role of Growth Factors to Reduce Intervertebral Disc Degeneration Significantly through Trained Biological Transformations

2020 ◽  
Vol 26 ◽  
Author(s):  
Cristian Muresanu ◽  
Siva G. Somasundaram ◽  
Sergey V. Vissarionov ◽  
Liliya V. Gavryushova ◽  
Vladimir N. Nikolenko ◽  
...  
Keyword(s):  
Growth Factors ◽  
Blood Circulation ◽  
Seminal Fluid ◽  
Prostate Gland ◽  
The Body ◽  
Personal Experiences ◽  
Biological Transformation ◽  
The Mind

Background: From the evidence of failed injection-based growth factor therapies, it has been proposed that a naturally triggered uninterrupted blood circulation of the growth factors would be superior. Objective: We seek to stimulate discussions and more research about the possibility of using the already available growth factors found in the prostate gland and endometrium by starting a novel educable physiology, known as biological transformations controlled by the mind. Methods: We summarized the stretch-gated ion channel mechanism of the cell membrane, and offer several practical methods that can be applied by anyone, in order to stimulate and enhance the blood circulation of the growth factors from the seminal fluid to sites throughout the body. This details the practical application of our earlier published studies about biological transformations. Results: A previously reported single-patient case study has been extended, adding more from his personal experiences continually improving this novel physiological training and extending the ideas from our earlier findings in detail. Conclusion: The biological transformation findings demonstrate the need additional research to establish the benefits of these natural therapies to repair and rejuvenate tissues affected by various chronic diseases or aging processes.

Executives’ Decision Processes at the Front End of Major Projects: The Role of Context and Experience in Value Creation

2020 ◽  
pp. 875697282097722
Author(s):  
Denise Chenger ◽  
Jaana Woiceshyn
Keyword(s):  
Value Creation ◽  
Oil And Gas ◽  
Decision Processes ◽  
Strategic Decision ◽  
Decision Context ◽  
Front End ◽  
Risk Approach ◽  
Multiple Case

The front end of projects is strategically important; yet, how project concepts are identified, evaluated, and selected at the pre-project stage is poorly understood. This article reports on an inductive multiple-case study of how executives made such decisions in major upstream oil and gas projects. The findings show that in such a high-risk context, often an experienced executive makes these decisions alone and he creates value by facilitating growth. We identified three value-creating decision processes that varied by the executives’ risk approach and decision context. These processes depart from the formal project management prescriptions and the strategic decision-making literature.

scholarly journals Discovering Business Processes from Email Logs using fastText and Process Mining

2020 ◽  
Author(s):  
Yaghoub rashnavadi ◽  
Sina Behzadifard ◽  
Reza Farzadnia ◽  
sina zamani
Keyword(s):  
Machine Learning ◽  
Business Processes ◽  
Oil And Gas ◽  
Process Mining ◽  
The Body ◽  
Process Models ◽  
Supervised Machine Learning ◽  
Implicit Information ◽  
Oil And Gas Sector

<p>Communication has never been more accessible than today. With the help of Instant messengers and Email Services, millions of people can transfer information with ease, and this trend has affected organizations as well. There are billions of organizational emails sent or received daily, and their main goal is to facilitate the daily operation of organizations. Behind this vast corpus of human-generated content, there is much implicit information that can be mined and used to improve or optimize the organizations’ operations. Business processes are one of those implicit knowledge areas that can be discovered from Email logs of an Organization, as most of the communications are followed inside Emails. The purpose of this research is to propose an approach to discover the process models in the Email log. In this approach, we combine two tools, supervised machine learning and process mining. With the help of supervised machine learning, fastText classifier, we classify the body text of emails to the activity-related. Then the generated log will be mined with process mining techniques to find process models. We illustrate the approach with a case study company from the oil and gas sector.</p>

scholarly journals Women, Water & Well-Being: A Case Study of ‘Kuttadampadam’ in Palakkad, Kerala

2019 ◽  
Vol 7 (1) ◽  
pp. 44-49
Author(s):  
V Shinju ◽  
Aswathi Prasad
Keyword(s):  
Resource Management ◽  
Water Resources ◽  
Natural Resources ◽  
Water Resource ◽  
Water Resource Management ◽  
Well Being ◽  
Starting Point ◽  
Role Of Women

The natural resources are repository for the survival of all of us, so they must be used efficiently to meet the present needs while conserving them for future generations. An action to develop capacities from global to household levels for their sustainable management and regulation is required henceforth. Of these natural resources, water resources are most precious. If there is no water; there would be no life on earth. Since ‘water is the elixir of life’, water resource management has been considered as one of the most relevant areas of intervention. Understanding the gender dimensions of water resource management is a starting point for reversing the degradation of water resources. Women play an important role here since they have to access the water resources for almost all the activities on a daily basis. As the women are the strong social agents, effective and improved water preservation techniques could be achieved through their empowerment that may eventually lead to the well-being of the households in particular and of the community in general. Therefore, the major research question posed in this study is to analyze the role of women in the preservation and management of water, an inevitable, precious but diminishing natural resource. The study also intends to describe the relationship between the three ‘W's-Women, Water & Well-being. Both qualitative and quantitative approaches are essential here as it is a contingent issue in the present scenario. Psychological dimensions were also explored since the issue is affecting the routine life of the community. The case study of women belonging to the Kuttadampadam region was done to explain the role of women in preserving water resources in the areas affecting severe water scarcity.

scholarly journals The Role of Enhanced Shale Oil & Gas Recovery in the Us & Development & Pricing of Significant Potential Shale Production in Other Countries Such As South America, Canada, & Europe/Asia2018/2019

2019 ◽  
Vol 2 (3) ◽  
Keyword(s):  
Natural Gas ◽  
Oil And Gas ◽  
The United States ◽  
Gas Production ◽  
Domestic Water ◽  
Water Supplies ◽  
Hydro Power ◽  
Gas Treatment ◽  
Environmentally Sound

The Role of Science in Developing Enhanced Oil & Gas Resources, Being Environmentally Sound, & Protecting Water Use • Global transformation with fossil fuel as primary source which have an effect on GDP, export/import changes, and global effects on pricing • History of evolution of oil and gas production in the United States • Global development: European Community, India, China, Brazil, Chile, Argentina and Mexico all have proven reserves • All time high extraction of tight natural gas and oil being environmentally sound and protecting domestic water supplies • Hydraulic fracking below potable water supplies • Drilling Diagrams – Vertical and Horizontal, Proper Casing  Record pace of pipeline construction to supply refineries & terminal ports  Pronounced effect on GDP • Natural gas treatment, delivery, from source to energy deficient countries exported as LNG • Cost subsidies and economic pricing of oil and gas extraction, hydro power, coal, nuclear, wind, and solar. Cost of power by region • There are no “Dry Holes” and more attributes of highly advanced geological technology

The Role of Bodily Movement in Learning and Performing Music: Applications for Education

2012 ◽  
pp. 768-782 ◽  
Author(s):  
Jane W. Davidson
Keyword(s):  
Body Movement ◽  
The Body ◽  
Musical Experience ◽  
Performance Skills ◽  
Music Production ◽  
Bodily Movement ◽  
Musical Knowledge ◽  
And Performance

This article explores the fundamental role of bodily movement in the development of musical knowledge and performance skills; in particular, how the body can be used to understand expressive musical material and to communicate that meaning to coperformers and audience. The relevance to the educator is explored (whether working with a child or adult beginner, or a more advanced learner). The article is divided into six main sections, tracing the role of body movement skill in music production, expressive musical performance, developing learners to play their musical instruments with technical and expressive appropriateness, coperformer coordination, and projection for audience perception. The work builds on a growing interest in the embodied nature of musical experience. The article concludes with case study observations of practical insights and applications for the teacher.

The future of maternity wear: Generation Z's expectations of dressing for pregnancy

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Elizabeth Anne Weigle ◽  
Laura McAndrews
Keyword(s):  
United States ◽  
Online Survey ◽  
The United States ◽  
The Body ◽  
Content Type ◽  
Longitudinal Approach ◽  
Shopping Experience ◽  
Physical Changes ◽  
Practical Implications

PurposeThe purpose of this paper is to investigate Generation Z's physical expectations of being pregnant and their outlook for maternity wear shopping.Design/methodology/approachFemales in this cohort (n = 207) participated in an online survey that included questions about perceptions of pregnancy, physical self-concept and forecasted shopping behaviors.FindingsResults indicated that this group is concerned with physical changes of pregnancy and expect to treat each area of the body in a different way. Women's expected physical concerns of pregnancy predict how much they anticipate accentuating their pregnant body. Gen Z anticipates wearing loose maternity garments and they envision a thoughtful, in-store shopping experience for styles that are equally fashionable and comfortable, such as dresses.Research limitations/implicationsThis study should be extended to future generational cohorts like Generation Alpha, along with Gen Z outside of the United States and women in the United States who are non-white. Further studies should take a longitudinal approach to gauge changes in this cohort's expectations as they progress through pregnancy.Practical implicationsThis paper provides maternity wear retail brands and designers a foundation for product development and marketing geared toward this large cohort.Originality/valueThe study is the first to inquire about Gen Z's outlook on pregnancy, specifically their envisioned changes to each body area and the role of maternity garments to fulfill needs and concerns.

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