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Author: Aileen McHarg
Publisher:
ISBN: 0199579857
Category : Law
Languages : en
Pages : 498
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Book Description
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.
Author: Aileen McHarg
Publisher:
ISBN: 0199579857
Category : Law
Languages : en
Pages : 498
Get Book Here
Book Description
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.
Author:
Publisher:
ISBN: 9780191722745
Category : Energy development
Languages : en
Pages : 478
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Book Description
Examining the multiple interfaces between property law and energy and natural resources law, this text deals with perennial questions about the ownership of energy and natural resources, as well as dealing with the role of property rights in environmental regulation and the property rights of indigenous communities.
Author: Judith V. Royster
Publisher:
ISBN:
Category : Environmental law
Languages : en
Pages : 656
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Book Description
To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.
Author: Texas
Publisher:
ISBN:
Category : Natural resources
Languages : en
Pages : 588
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Book Description
Author: Alexandra B. Klass
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This Article explores the history of natural resources law and pollution control law to provide insights into current efforts by states to create wind easements, solar easements, and other property rights in the use of or access to renewable resources. Development of these resources is critical to current efforts to address climate change, which has a foot in both natural resources law and pollution control law. This creates challenges for developing theoretical and policy frameworks in this area, particularly surrounding the role of property rights. Property rights have played an important role in both natural resources law and pollution control law, but the role in each field is quite different. Early natural resources law was based significantly on conveying property rights in natural resources to private parties to encourage westward expansion and economic development. By contrast, pollution control law as it developed in the 1970s and 1980s was based on placing limits on such rights and creating government permit systems to meet environmental protection goals. This Article proposes that as scholars and policymakers consider approaches to developing wind and solar energy, it will be important to not rely too heavily on a property rights-based, natural resource development approach. Instead, this Article argues that an approach that integrates resource access into state and local permitting and land use planning frameworks may better meet development and environmental protection goals without creating new entrenched and potentially problematic property rights in natural resources. Moreover, because wind development and solar development present different concerns with regard to size, scale, and environmental impact, this Article suggests that solar development should be structured based on private solar easement transactions within a hospitable local zoning framework while wind development should be based on a state-wide siting and permitting structure with much more limited local government involvement.
Author: Lincoln Davies
Publisher: West Academic Publishing
ISBN: 9781647084301
Category : Energy policy
Languages : en
Pages : 0
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Book Description
New book purchase includes complimentary digital access to the eBook. This casebook serves as a guide to energy law and policy for students who seek to practice in the field and anyone interested in better understanding this critical area of law. It introduces the key federal, state, and local government actors shaping energy issues and explores the multi-jurisdictional approach to energy regulation pervasive in the United States. The book explains the foundations of the laws and policies governing energy extraction, use, markets, and disposal. It covers how we make energy from renewable and non-renewable resources and examines the future of the energy sector in light of new technologies, market trends, emerging risks, and the need for greater equality. The authors use a systemic approach that allows for a deeper exploration of the linkages between the resources, technologies, law, policy, and markets that make up our core energy systems, including electricity and transportation. Energy Law and Policy contains cases, sample statutes and regulations, and pertinent excerpts from experts. These policy-oriented, often empirical materials offer the necessary building blocks for a public law course, particularly one covering a rapidly transitioning field. The book is organized into three parts that introduce students to the fundamental aspects of the energy sector, energy law, and the most pressing energy topics of the 21st century. The third edition expands and deepens coverage in important ways: Updated treatment of state and federal policy initiatives such as community solar, 100% clean energy laws, energy transition and energy markets. An entirely new chapter on how climate change risks and initiatives are shaping the energy sector, including domestic and international net zero energy goals and widespread adoption of electric vehicles. Integration of energy and environmental justice concerns throughout the book. Expanded discussion of energy leasing and extraction on private and federal lands, including solar, geothermal, and onshore and offshore wind energy, and the critical role of energy efficiency. In-depth coverage of new energy-related executive orders, regulations, and policy shifts since the start of the Biden Administration. Enhanced attention to controversial energy transport projects, including oil and natural gas pipelines, fossil fuel export terminals, and long-distance electric transmission lines.
Author: David Grinlinton
Publisher: Martinus Nijhoff Publishers
ISBN: 9004182640
Category : Law
Languages : en
Pages : 449
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Book Description
This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.
Author: Samantha Hepburn
Publisher: Cambridge University Press
ISBN: 1009233858
Category : Law
Languages : en
Pages : 415
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Book Description
Mining and Energy Law is a thorough examination of the contemporary mining and energy sectors in Australia. It explores the law governing the current mix of sources utilised in the Australian energy sector, from petroleum and natural gas to renewable energy sources including wind and solar power.
Author: Michael C. Blumm
Publisher:
ISBN: 9781611637236
Category : Conservation of natural resources
Languages : en
Pages : 0
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Book Description
To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
Author: Martha M. Roggenkamp
Publisher: OUP Oxford
ISBN: 0191627836
Category : Law
Languages : en
Pages : 1951
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Book Description
Networks like cables and pipelines are essential for a functioning energy market. This book provides a clear and insightful overview of the legal challenges this poses in the modern world. The construction and use of these networks depends on developments in technology, policies, and legal regulation. Recently, the energy sector has been faced with considerable challenges and changes. Energy liberalisation and deregulation, and the fact that traditional energy supplies like fossil fuels and large hydro plants are increasingly located far from the area of demand has drastically changed the energy landscape. The need for new sources of energy supply can therefore be found all over the world. This book investigates the challenges that face governments engaged in this renewal, particularly since in many cases these networks are, by necessity, international. The construction of new networks always involves the application of planning and environmental laws, and the complications these pose only increase as networks pass through the territory of several different countries. This book analyzes the evolution of this area from several angles, both geographical and legal. The authors combine knowledge and expertise from a variety of sources and backgrounds to present an invaluable overview of the regulatory developments and perspectives that shape the legal frameworks in which governments develop these networks, and the way in which account must be taken of new sources of energy by law-makers.
