Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states' authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation's wildlife and biodiversity.

This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.

It is a scientific fact that primary energy has always been one of the principal drivers behind the growth of human prosperity; it is also a scientific fact that its most efficient source, fossil based petroleum, is finite and subject to depletion. The economic fact that this book proves beyond doubt is that the unprecedented economic and financial problems that the world, particularly the high oil consuming nations, are currently facing are a result of the decreasing physical ability of the World to increase its capacity to produce more oil to power the demands of rising economic growth and population. This book is about examining the overwhelming importance of energy within the production, consumption, costs, growth and monetary creation of our modern economic system and human prosperity.

In addition to having a low government take, the deep water Gulf of Mexico and other U.S. regions are attractive targets for investment because they have large remaining oil and gas reserves and the U.S. is generally a good place to do business compared to many other countries with comparable oil and gas resources. Multiple studies completed as early as 1994 and as recently as June 2007 indicate that the U.S. government take in the Gulf of Mexico is lower than that of most other fiscal systems. For example, data GAO evaluated from a June 2007 industry consulting firm report indicated that the government take in the deep water U.S. Gulf of Mexico ranked 93rd lowest of 104 oil and gas fiscal systems evaluated. Generally, other measures indicate that the United States is an attractive target for oil and gas investment. The lack of price flexibility in royalty rates -- automatic adjustment of these rates to changes in oil and gas prices or other market conditions -- and the inability to change fiscal terms on existing leases have put pressure on Interior and the Congress to change royalty rates in the past on an ad hoc basis with consequences that could amount to billions of dollars of foregone revenue. For example, royalty relief granted on leases issued in the deep water areas of the Gulf of Mexico between 1996 and 2000 -- a period when oil and gas prices and industry profits were much lower than they are today -- could cost the federal government between $21 billion and $53 billion, depending on the outcome of ongoing litigation challenging the authority of Interior to place price thresholds that would remove the royalty relief offered on certain leases. Further, royalty rate increases in 2007 are expected to generate modest increases in federal revenues from future leases offered in the Gulf of Mexico. However, in choosing to increase royalty rates, Interior did not evaluate the entire oil and gas fiscal system to determine whether or not these increases strike the proper balance between the attractiveness of federal leases for investment and appropriate returns to the federal government for oil and gas resources. Interior does not routinely evaluate the federal oil and gas fiscal system, monitor what other governments or resource owners are receiving for their energy resources, or evaluate and compare the attractiveness of federal lands and waters for oil and gas investment with that of other oil and gas regions. As a result, Interior cannot assess whether or not there is a proper balance between the attractiveness of federal leases for investment and appropriate returns to the federal government for oil and gas resources. Specifically, Interior does not have procedures in place for evaluating the ranking of (1) the federal oil and gas fiscal system or (2) industry rates of return on federal leases against other resource owners. Interior also does not have the authority to alter tax components of the oil and gas fiscal system. All these factors are essential to inform decisions about whether or how to alter the federal oil and gas fiscal system in response to changing market conditions.

ESA (Endangered Species Act) has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of species listing is habitat loss. Major issues in recent years have included the role of science in decision-making, critical habitat (CH) designation and procedures, protection by and incentives for property owners, and appropriate protection of listed species, among others. This new book presents the latest updates on the ESA and its impact.

This book provides an in-depth analysis of the application of "the EU Market Abuse Directive" to energy markets. The main provisions of "the Market Abuse Directive" are the prohibition of insider trading and market manipulation. Due to the close link between market abuse regulation and the need for transparency, this book also covers regulations concerning the disclosure of information. Following the liberalisation of the European energy markets, energy trading has become a significant growth industry. Trading in electricity and gas takes place both bilaterally and through organised marketplaces. In addition to trading in electricity and gas for physical delivery, financial trading - in commodity derivatives contracts related to the underlying commodities - has become increasingly important. This financial trading allows participants in the physical markets to hedge physical positions. The financial markets are therefore closely linked to the physical markets. In addition, financial energy markets provide opportunities for speculation, which highlights the similarities between these markets and other financial markets. The market abuse regulation applies to trading in financial instruments admitted to trading on so-called regulated markets. Regulated markets for electricity and gas contracts have been established in several European countries and are becoming increasingly important. The market abuse regulation constitutes part of the regulation of financial markets. However, the information of relevance to financial energy markets is generally connected to conditions in the underlying physical markets, and is therefore regulated by the authorities responsible for overseeing the physical markets. Thus, the subjects covered in this book can be seen as a separate field of law - energy market law - which combines the traditional disciplines of energy law and stock exchange/securities law. Both the markets and the regulations are experiencing rapid developments. In addition to analysing the provisions already in force, this book also provides a normative contribution to the development of this discipline of law.

The golden age of abundant, easy-to-access oil is over and, as a result, international oil and gas companies must search for new and more complex oil and gas provinces. Moreover, independent companies are adopting an even broader approach as they analyse unconventional plays. The 21st-century oil and gas industry increasingly demands a global approach as companies - both major and small - compete on the international stage. This fully updated second edition of our practical handbook, now in two volumes, takes an in-depth look at the most relevant petroleum provinces, summarising upstream regulation and key concerns in over 30 important and emerging oil and gas jurisdictions. Issues featured include the key terms of petroleum law, the types of legal arrangement in place, the fiscal terms, how to qualify to acquire acreage, governing law, dispute resolution mechanisms, decommissioning and governmental control. As a result, the book provides a comprehensive global resource for upstream investments. New areas of coverage for this edition include Algeria, Ecuador, Israel, Lebanon, Morocco and Oman. Many entities are keen to analyse and assess opportunities all over the world and so this book will appeal to a range of participants, including international oil companies, independents, national oil and gas companies, legal advisers and consultants, who need to understand the general requirements of oil and gas provinces and the respective best practices across the globe.

Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, 'The prospects of energy transition', critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, 'Rules-based multilateral governance of the energy sector', details the development and sources of rules on energy. Part III, 'Competition and regulation in transboundary energy markets', discusses principal instruments of rules-based governance of energy. Part IV, 'Attracting investments and the challenges of multi-level governance', focuses on the critical governance of the right investments. This book is a flagship publication of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. It launches the Hart series 'Global Energy Law and Policy' and is edited by the series general editors Professors Peter D Cameron and Volker Roeben, and also Dr Xiaoyi Mu.

Nuclear Power Plant Development covers the intricacies of developing a nuclear power plant project from a construction and legal standpoint. It deals with structuring, drafting, and negotiating a wide range of standard and specialised contracts relating to the development of nuclear power-generation projects and also covers the other forms of power-generating facilities. It covers the forms of contract, the law involved internationally, and potential areas of pitfalls and how to avoid them in a systematic format covering various forms of projects. It is suitable for solicitors and barristers involved in the contracting for such facilities and the handling of litigation related to them, government officials involved in the commissioning and development of nuclear facilities for regional governments, and engineers and contractors involved in the actual work of design and contract administration and dispute resolution.

This fourth edition of the leading work on joint operating agreements (JOAs) provides a practical examination of the provisions of a typical JOA, with a particular focus on the critical issues of scope, the operator's role, joint and exclusive operations, default, transfers and decommissioning. There is also practical analysis of the key issues which apply to the operation of any JOA and the positions which are taken in the leading industry model form contracts. The perspectives of the operator and non-operator are addressed, along with consideration of the domestic and international standards applicable to petroleum projects. New features include: *a major reorganisation of chapters and appendices to present a clearer thematic approach; *greater analysis of the key differences between JOAs operating under licence regimes and concession agreements; *new chapters on information, intellectual property and technology licensing and sharing, and relevant antitrust rules; *consideration of recent model form JOA developments; and *analysis of the application of key recent case law on liquidated damages, default clauses and operator authority. Anyone engaged in the development of worldwide exploration and production projects will find Joint Operating Agreements: A Practical Guide, Fourth Edition an essential addition to their professional library.

As climate change makes the Arctic a region of key political interest, so questions of sovereignty are once more drawing international attention. The promise of new sources of mineral wealth and energy, and of new transportation routes, has seen countries expand their sovereignty claims. Increasingly, interested parties from both within and beyond the region, including states, indigenous groups, corporate organizations, and NGOs and are pursuing their visions for the Arctic. What form of political organization should prevail? Contesting the Arctic provides a map of potential governance options for the Arctic and addresses and evaluates the ways in which Arctic stakeholders throughout the region are seeking to pursue them.

Utility regulation in Britain has now entered a phase in which debate is no longer so much concerned with whether it is preferable to rival systems but with how to shape the'regulatory contract' in monopoly areas and, in potentially competitive areas, how to ensure rivalry.

Following the success of International Energy Investment Law: The Pursuit of Stability, this updated and expanded second edition re-examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and states in the international energy industry. Over past years an unprecedented growth of international investment law in the form of BITs, MITs, other treaty-based instruments, and domestic legislation has fundamentally altered the legal framework and offers extensive scope for international arbitration in the event of disputes. A wave of unilateral state action has tested the system in a number of high-value commercial disputes, most evidently in Latin American, Eastern Europe, and sub-Saharan Africa; protection for investors is being tested as arbitrators develop new notions of legitimate expectation and give content to fair and equitable treatment, while mapping out more precisely the duties which investors owe to host states. This book critically examines the interaction between contract and treaty forms of stability in the new multi-tier setting, including highly detailed regional case studies of Latin America, Eastern Europe, and (new to this edition) Africa. Central to the new edition is its expanded content on renewable energy, including claims under the Energy Charter Treaty, and energy-related minerals now playing a key role in the transition to a low carbon economy; the updated chapter on environmental issues also addresses decommissioning and low carbon/climate change issues. The book also considers emerging issues in unconventional oil and gas, issues arising from energy network operation including transit, and damages issues arising in energy cases. Particular attention is paid to the practical impact of these issues and the enforcement of awards by arbitration tribunals and bodies such as the ICSID, the ICC, and the LCIA. In its concluding section, the book looks forward to new challenges arising from climate change, human rights, and environmental issues.

The aim of this book is to present the most relevant legal constraints resulting from the implementation of the Third Energy Liberalisation Package. The research investigates legal shortfalls of new EU legislation from the day-to-day business perspective. By comparing and contrasting former and present EU rules and their implementation, it shows how the general aim of spurring on the liberalisation of the EU energy market is achievable. The book suggests de lege ferenda stipulations which may be included in the next energy market liberalisation legislation.