'Lawfare' in the oil and gas industry

2019 ◽  
Vol 59 (2) ◽  
pp. 651
Author(s):  
Xavier T. McMahon ◽  
Jake D. Williams
Keyword(s):  
Legal System ◽  
Oil And Gas ◽  
Environmental Law ◽  
Oil And Gas Industry ◽  
International Environmental Law ◽  
Gas Industry ◽  
High Profile

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.

scholarly journals Current Environmental Regulation of the Alberta Oil and Gas Industry and Emerging Issues

1990 ◽  
Vol 28 (1) ◽  
pp. 171
Author(s):  
Albert J. Hudec ◽  
Joni R. Paulus
Keyword(s):  
Environmental Regulation ◽  
Oil And Gas ◽  
Environmental Law ◽  
Insurance Coverage ◽  
Oil And Gas Industry ◽  
Environmental Damage ◽  
Regulatory Structure ◽  
Gas Industry ◽  
Emerging Issues ◽  
The Law

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.

scholarly journals The Arctic Environment and Legislation

1972 ◽  
Vol 10 (3) ◽  
pp. 431
Author(s):  
A. R. Thompson
Keyword(s):  
Oil And Gas ◽  
Environmental Law ◽  
Modern Society ◽  
Oil And Gas Industry ◽  
Yukon Territory ◽  
The Arctic ◽  
Gas Industry ◽  
Arctic Environment ◽  
Decision Making Processes ◽  
Administrative Framework

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.

scholarly journals Endangered Species in the Oil Patch

2013 ◽  
Vol 1 (2) ◽  
pp. 379-409 ◽  
Author(s):  
Gabriel Eckstein ◽  
Jesse Snyder
Keyword(s):  
Endangered Species ◽  
Common Ground ◽  
Oil And Gas ◽  
Environmental Law ◽  
Oil And Gas Industry ◽  
Background Information ◽  
Cooperative Effort ◽  
Gas Industry ◽  
Private And Public ◽  
Ecological Preservation

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.

The Shortfalls of the Nigerian Oil and Gas Industry Content Act 2010 in Achieving Sustainable Development

2022 ◽  
pp. 264-278
Author(s):  
Manuchim Lawrence Adele
Keyword(s):  
Sustainable Development ◽  
Legal Status ◽  
Oil And Gas ◽  
Environmental Law ◽  
Energy Resource ◽  
Oil And Gas Industry ◽  
Normative Values ◽  
Gas Industry ◽  
Content Development ◽  
Definition Of

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.

PUBLIC ENVIRONMENTAL REPORTING FOR THE OIL AND GAS INDUSTRY

1999 ◽  
Vol 39 (1) ◽  
pp. 622
Author(s):  
R.A.D. Wright
Keyword(s):  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Environmental Reporting ◽  
Gas Industry ◽  
Oil And Gas Exploration ◽  
The Public ◽  
High Profile ◽  
Exploration And Production ◽  
Royal Dutch Shell ◽  
Oil And Gas Companies

Acceptance by governments and the public is crucially important for high profile oil and gas exploration and production companies. Many people are pre-disposed against such companies because the environmental and social impacts of their activities are perceived to outweigh the benefits. Leading multi-nationals such as the Royal Dutch/Shell Group have seen the benefits of a recent concerted effort to engage their stakeholders. Shell and other multi-nationals are using public environmental reporting as a means of better communicating their performance. Public environmental reporting has been slow to be adopted in Australia but there may be advantages for oil and gas companies in Australia to be seen to be leaders in this field rather than laggards, particularly with the advent of compulsory public reporting as required by the National Pollutant Inventory.

Deployment of Digital NDT Solutions in the Oil and Gas Industry

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

What Does Rent Give to Federal Budget (on the Russia's Budget Dependence upon "Oil Dollars")

2004 ◽  
pp. 51-69 ◽  
Author(s):  
E. Sharipova ◽  
I. Tcherkashin
Keyword(s):  
Oil And Gas ◽  
Strong Dependence ◽  
Oil Prices ◽  
Federal Budget ◽  
Oil And Gas Industry ◽  
Gas Industry ◽  
Resource Rent ◽  
Tax Legislation ◽  
Russian Economy ◽  
The Government

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.

The Political Economy of Power: Approaches to the Analysis of Relationships between the State and Business in Russia

2011 ◽  
pp. 19-33
Author(s):  
A. Oleinik
Keyword(s):  
Oil And Gas ◽  
Road Construction ◽  
Oil And Gas Industry ◽  
Retail Trade ◽  
Business Community ◽  
The Political ◽  
Economic Power ◽  
Gas Industry ◽  
The Road ◽  
Ruling Elites

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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