scholarly journals Endangered Species in the Oil Patch

2013 ◽  
Vol 1 (2) ◽  
pp. 379-409 ◽  
Author(s):  
Gabriel Eckstein ◽  
Jesse Snyder

Tension among competing interests is nothing new in environmental law. Even among the most tenacious adversaries, the ability to find common ground can serve as an impetus to further the aims of both industry and environmental proponents. Broadly speaking, advocates of the oil and gas industry prefer few restraints, if any, on exploration, development, and production. Comparatively, champions of biological and ecological preservation favor regulatory protections to conserve these interests. Cutting across these often disparate objectives, the Endangered Species Act (ESA) presents a not-so-obvious opportunity for both sides to receive a share of the pie through cooperation and forward planning. This Paper proffers the notion that where concerns over the survival of a species may impede oil and gas activities, proactive cooperation, planning, and compromise within the ESA process can present both industry and environmentalists with a winning outcome. The Paper first provides background information on the ESA and describes its chief statutory mechanics. Next, the Paper discusses recent ESA developments that are particularly relevant to the oil and gas industry and focuses on the cooperative effort related to the Dunes Sagebrush Lizard and pursued by the oil and gas industry, private landowners, state officials in Texas and New Mexico, and environmental organizations. Finally, the Paper reviews pending ESA issues and offers recommendations for private and public stakeholders facing ESA challenges.

1990 ◽  
Vol 28 (1) ◽  
pp. 171
Author(s):  
Albert J. Hudec ◽  
Joni R. Paulus

As the environmental law regime in Alberta becomes increasingly detailed and stringent, participants in the oil and gas industry will face greater liability arising from environmental damage. This paper reviews the current provincial environmental regulatory structure as it applies to the oil and gas industry. Prospective developments in the law are also considered. The drafting of operating agreements, sale of oil and gas assets, and the liability of subsequent users are discussed in this context. Insurance coverage for environmental damage and the liability of lenders are also examined.


1994 ◽  
Vol 34 (1) ◽  
pp. 178
Author(s):  
Robin C. Gehling ◽  
Michael P. Lane ◽  
Robert M. Thornton

FPSOs are often converted from, and carry ship safety certification as, oil tankers. The two types of ship have been reasonably compatible until passage in early 1992 of new international requirements for tankers to be constructed or converted to double hull requirements and for existing vessels to be phased out when they have been in service for 25 to 30 years. Such requirements, which have become increasingly onerous since 1973, are based on the hazards involved in navigation of oil tankers and do not reflect the risks applying to FPSO operations.In cooperation with the Australian offshore industry, AMSA made a number of submissions to the International Maritime Organisation (IMO), seeking clarification on whether FPSOs should be subjected to the rules for oil tankers. To cover the possibility that it is confirmed that FPSOs should comply with the rules, the submission proposed modifications to those rules to reflect the FPSO operating environment.The submissions resulted in IMO deciding, in March 1993, that although FPSOs would continue to be treated as oil tankers, they would not be required to comply with the double hull requirements which could have necessitated their withdrawal from service upon reaching 30 years of age.Achievement of a successful conclusion to this project has involved a cooperative effort between AMSA and the offshore oil and gas industry.


1972 ◽  
Vol 10 (3) ◽  
pp. 431
Author(s):  
A. R. Thompson

This is the first of three papers presented at the Tenth Annual Research Seminar on the special problems of the oil and gas industry in the Canadian Arctic. The paper examines the background to the industry's participation in the Arctic, the special problems of the Arctic environment, and the jurisdictional and administrative framework in the Yukon Territory, the Northwest Territories and the Northern offshore areas. In discussing the Arctic environ ment and legislation, the paper raises the question of whether or not there is new environmental law, and suggests that there is new environmental law taking shape which consists of demands for public participation in, and for broad range of inquiry with respect to, the decision making processes in modern society.


2019 ◽  
Vol 59 (2) ◽  
pp. 651
Author(s):  
Xavier T. McMahon ◽  
Jake D. Williams

There is a growing concern within the resources industry about activists’ use of the legal system to disrupt and delay major projects. Currently, referred to by many as ‘lawfare’, the tactic is not new. However, recent challenges to high profile cases, such as the Adani Carmichael Coal Project, has brought renewed focus to the tactics being used by activists to further their agendas, and a perception at least that the risk to the industry is ever increasing. This paper looks at trends and novel developments in national and international environmental law, and considers what implications this may have for the development of oil and gas projects in Australia.


2022 ◽  
pp. 264-278
Author(s):  
Manuchim Lawrence Adele

This chapter examines the impact that the concept of “sustainable development” in the Nigerian oil and gas industry has had and is likely to have upon the development of energy, resources, and economic growth in the future of Nigeria upon the focus and scope of energy, resource, and environmental law practice associated with that development. The chapter will adopt the definition of sustainable development as articulated in the Brundtland Report by the World Commission on Environment and Development. It will examine the legal status of Sections 10 and 12 of the Nigerian Oil Industry Content Development Act 2010 and its implication on international trade and sustainable development. The chapter argues that Sections 10 and 12 of the Nigerian Oil and Gas Industry Content Act 2010 do not reflect the meaning and intention of the Brundtland's definition of sustainable development, which evinces normative values, values of equity, and justice for all.


2020 ◽  
Vol 78 (7) ◽  
pp. 861-868
Author(s):  
Casper Wassink ◽  
Marc Grenier ◽  
Oliver Roy ◽  
Neil Pearson

2004 ◽  
pp. 51-69 ◽  
Author(s):  
E. Sharipova ◽  
I. Tcherkashin

Federal tax revenues from the main sectors of the Russian economy after the 1998 crisis are examined in the article. Authors present the structure of revenues from these sectors by main taxes for 1999-2003 and prospects for 2004. Emphasis is given to an increasing dependence of budget on revenues from oil and gas industries. The share of proceeds from these sectors has reached 1/3 of total federal revenues. To explain this fact world oil prices dynamics and changes in tax legislation in Russia are considered. Empirical results show strong dependence of budget revenues on oil prices. The analysis of changes in tax legislation in oil and gas industry shows that the government has managed to redistribute resource rent in favor of the state.


2011 ◽  
pp. 19-33
Author(s):  
A. Oleinik

The article deals with the issues of political and economic power as well as their constellation on the market. The theory of public choice and the theory of public contract are confronted with an approach centered on the power triad. If structured in the power triad, interactions among states representatives, businesses with structural advantages and businesses without structural advantages allow capturing administrative rents. The political power of the ruling elites coexists with economic power of certain members of the business community. The situation in the oil and gas industry, the retail trade and the road construction and operation industry in Russia illustrates key moments in the proposed analysis.


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