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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.
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.
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.
This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Representative topics include authority on public lands, wildlife resource, preservation, resource, and history of public land law.
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.
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.
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.
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.