For the last 20 years, fostering greater transparency in the historically opaque extractive industries has been a governance priority in the sector. It is now time to build on the progress made and unlock greater gains from it. Achieving this requires getting serious about politics. The...

Pacific salmon, the signature species of the Pacific Northwest, have declined across their range for well over a century, due to a myriad of human-caused effects on their habitat and the fish themselves. Restoration efforts—some successful, some halting—began earnest in the late 20th...

International investment agreements (“IIAs”) provide enforceable protections to foreign investors based on the premise that enforceable investor protections will stimulate greater foreign investment flows, which, in turn, are assumed to promote development. However, as understandings of both...

The extractive industries (EI) are at a critical juncture. A period of significant commodity price volatility is intersecting with the global energy transition and, more recently, the major social, political, and economic repercussions of the COVID-19 pandemic – a combination of forces...

As technologies change and the scale of human activity grows, so, too, does the law. The surge of oil and gas production in the United States, spurred by hydraulic fracturing in shale formations, has fomented a sea change in oil and gas law, substantially infusing this area with more complex...

This Article examines the growing opposition to the use of eminent domain for energy transport projects such as oil pipelines, gas pipelines, and electric transmission lines. Such projects were protected from the state legislative reforms that restricted eminent domain following the Supreme...

History’s biggest oil boom is happening right now, in the United States, ushering in the third age of oil and gas law. The first age of oil and gas law also began in the United States a century ago when landowners and oil companies developed the oil and gas lease. The lease made the modern oil...

Chile, whose public has experienced widespread dissatisfaction with Chilean environmental policies, seems poised to use the ongoing redrafting of its constitution to entrench the public trust doctrine in its fundamental charter. The ancient doctrine, emanating from Roman law and reflected in the...

The United States is in the middle of three profound energy revolutions — with booming production of renewable power, natural gas, and oil. The country is replacing coal power with renewable and natural gas power, reducing pollution while saving consumers money. And it has dramatically cut its...

Domestic laws are the ideal legal instrument to regulate the mining sector’s contribution to climate change mitigation and adaptation. Even so, as a stop-gap-measure, governments may consider updating model mining development agreements (MMDAs) or negotiating climate­-related contractual...