FINDERS KEEPERS HOW THE LAW OF CAPTURE SHAPED THE WORLD OIL INDUSTRY

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Finders Keepers

Author : Terence Daintith
ISBN : 9781933115832
Genre : History
File Size : 69.20 MB
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Since the beginnings of the United States oil industry 150 years ago, production activity has been governed by the law of capture, dictating that a driller owns the oil drilled from his/her property even if the oil has migrated from under neighboring land as a result of the drilling process. This finders keepers principle has been excoriated by foreign critics as theft and as a law of the jungle and has been blamed by American commentatorsâand the oil industry itselfâas the root cause of the enormous waste of oil and gas resulting from U.S. production methods in the first half of the 20th century. Yet while in almost every other country the law of capture is today of only marginal significance, in the United States it continues to operate, and indeed to underpin the system of production regulation, with potentially wasteful results. In this meticulously researched and richly documented account, Terence Daintith adopts a historical and comparative perspective to show how legal rules, technical knowledge (or the lack thereof) and political events and ideas combined to shape attitudes and behavior in the business of oil production. He explains both the original adoption of the law of captureânot just in the United States but in other countries as wellâand the paths of legal and political development that have led to its consolidation in the United States and its marginalization elsewhere. In contrasting these histories of the law of capture, the book raises the question of whether the U.S. can reduce waste in production without abandoning its deeply-rooted attachment to private property rights in oil and gas.
Category: History

Agricultural Land Use And Natural Gas Extraction Conflicts

Author : Madeline Taylor
ISBN : 9781351332699
Genre : Law
File Size : 71.90 MB
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Onshore unconventional gas operations, in most jurisdictions, operate on the legal principle that all activities during exploration and extraction are ‘temporary’ in nature. The concept that the onshore unconventional gas industry has a temporary effect on the land on which it operates creates a regulatory paradox. On one hand, unconventional gas activities create energy security, national wealth and a bourgeoning export industry. On the other, agricultural land and agriculturalists may be significantly disadvantaged by unconventional gas activities potentially producing permanent damage to non-renewable fertile soils and spoiling the underground water tables. Thus, threatening future food security and food sovereignty. This book explores the socio-regulatory dimensions of coexistence between agricultural and onshore unconventional gas land uses in the jurisdictions with the highest concentration of proven unconventional gas reserves – Australia, Canada, the USA, the UK, France, Poland and China. In exploring the differing regulatory standpoints of unconventional gas land uses on productive farming land in the chosen jurisdictions, this book provides an original three-part categorisation of regulatory approaches addressing the coexistence of agricultural land and unconventional gas namely: adaptive management, precautionary and, finally, statism. It offers a timely and topical approach to socio-legal natural resource governance theory based on the participation, transparency and empowerment for agricultural landholders, examining how differing frameworks such as the collective bargaining framework can create equitable and sustainable contractual arrangements with unconventional gas companies.
Category: Law

The Law Of Energy Underground

Author : Donald N. Zillman
ISBN : 9780191008269
Genre : Law
File Size : 59.43 MB
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While energy has been extracted from the ground for two centuries, recent years have seen transformative changes to how easy it is to access underground energy resources. This book investigates the key challenges and legal consequences of recent developments in the use of the subsurface as a source of energy. It provides a comprehensive analysis of the new technologies that have made this possible, such as the extraction of unconventional oil and gas resources through horizontal drilling and hydraulic fracturing, also known as fracking. Further developments include the expanded use of geothermal energy, which has the potential to beome a major renewable energy source. The subsurface can also be utilised for long-term disposal or storage of environmentally harmful by-products of energy use, such as carbon capture and storage (CCS), and disposal of spent nuclear fuel and other nuclear waste. Successful development of these technologies could enhance the use of fossil and nuclear energy by reducing the harm caused by the release of greenhouse gases and harmful radiation. The authors bring together a wide variety of expertise and knowledge to examine the legal implications of the development and control of these underground activities. They provide an invaluable understanding of the legal frameworks applicable to the extraction of underground energy, both at the international level and in a number of important national jurisdictions. Importantly, the book analyses the different regulatory responses to these developments across five continents, and assesses in detail the environmental impact of new energy extraction technologies.
Category: Law

Freshwater Politics In Canada

Author : Peter Clancy
ISBN : 9781442609297
Genre : Political Science
File Size : 27.46 MB
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Freshwater is in great supply across much of Canada. However, competing and changing demands on its use are leading to ever more complex political arrangements. This volume offers an integrated survey of that complexity, combining historical and contemporary cases in a conceptually-informed exploration of water politics. It offers a set of tools, frameworks, and applications that enable readers to recognize and explore the political dimensions of freshwater. The opening chapters introduce core concepts such as power, organized interests, knowledge systems, and the state. They are followed by chapters discussing freshwater subsectors including fisheries, irrigation, flood control, hydropower, and groundwater. A series of topical themes is addressed, including salmon conservation, Aboriginal water interests, hydraulic fracturing, regulatory revisions, and interjurisdictional management. A final section explores emerging trends in freshwater governance. While river catchments are not always the principal denominator in discussions of water politics, they do provide a primary frame of reference for this book. A watershed case study accompanies each chapter. This watershed grounding is intended to encourage readers to turn their attention to local and regional conditions.
Category: Political Science