دانلود کتاب The Law of Energy Underground: Understanding New Developments in Subsurface Production, Transmission, and Storage

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Cover
The Law of Energy Underground Understanding New Developments in Subsurface Production, Transmission, and Storage
Copyright
Preface
Contents
List of Abbreviations
Chapter 1
Chapter 3
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Chapter 16
Chapter 17
Chapter 18
Chapter 19
Chapter 20
Chapter 21
Chapter 22
Chapter 23
Chapter 24
Chapter 25
List of Contributors
1: Introduction
I. Introduction
II. The emergence of energy underground
III. The challenges of the carbon economy
IV. Energy in the twenty-first century
(1) Coal
(2) Oil
(3) Natural gas
(4) Nuclear energy and renewable energy
V. Restraints on energy projects
VI. Predictions for the coming decades
VII. New developments underground
VIII. Unconventional oil and gas development
IX. Carbon capture and storage
X. The law of underground energy
XI. The internationalization of underground energy law
XII. The organization of this book
PART I: PROPERTY RIGHTS IN UNDERGROUND RESOURCES
2: The Common Law of Subsurface Activity: General Principle and Current Problems
I. Introduction
II. Rights of ownership of land extend downwards
III. Doubt about the general principle
IV. Subsurface activity as trespass: Bocardo v Star Energy
V. Property rights in minerals
VI. Mine workings and pore space
VII. The reservation of minerals to the state in common law countries
VIII. Conclusion
3: The Common Law of Underground Energy Resources in the United States
I. Introduction
II. Private mineral ownership: the accession principle
A. The basic principle
B. The grant and retention of public lands
C. Private land and public land: differing constitutional treatment
III. Severance of the mineral estate
A. Surface and mineral estates
B. The dominance of the mineral estate
C. The proliferation of interests
IV. The rule of capture and the special problem of oil and gas ownership
V. How new (and newish) technology challenges the common law
A. Shale gas and oil: hydraulic fracturing and horizontal drilling
B. Injection of fluids into the subsoil: gas storage and carbon sequestration
C. Coal bed methane
VI. Conclusion
4: Civil Law Treatment of the Subsurface in Latin American Countries
I. Introduction
II. Civil law legal tradition
III. Subsurface property in civil law
A. Roman roots
B. Fragmentation of property during the Middle Ages
C. The Napoleonic Code
D. The influence of Spanish property law
IV. Current Latin American law on subsurface rights
A. Coexistence of regalian and domanial systems of property
B. The social function of property
V. The cujus est solum maxim and unconventional uses of the subsurface in Latin American legal regimes
VI. Conclusion
5: Roman-Dutch Law, Custodianship, and the African Subsurface: The South African and Namibian Experiences
I. Introduction
II. Historical context
A. From cujus est solum to severance: Dutch/British colonization and the South African subsurface
B. German colonization and state control of the subsurface in Namibia
III. The different faces of resource regulation in South Africa and Namibia
A. The ‘nationalized’ resources of Namibia
B. State custodianship of South African resources
IV. Implications of the divergence and convergence of subsurface regulation in South Africa and Namibia
A. Property law and administrative law overlap
B. Advances in energy and subsurface use
C. Subsurface trespass and nuisance
V. Conclusion
PART II: THE INTERNATIONAL LAW TREATMENT OF SUBSURFACE RESOURCES
6: Energy Underground: What’s International Law Got to Do With It?
I. Introduction
II. Distinctive international law features of (new) energy underground
A. Where the activity takes place
1. Offshore
2. Onshore
3. Areas beyond national jurisdiction
4. Shared resources
B. Environmental impacts, climate change, and sustainable energy
1. Environmental impacts
2. Climate change impacts and sustainable energy
C. From permission to prohibition
D. Framework for transboundary energy underground cooperative arrangements
E. Stable legal framework for high-risk, high-cost energy underground activities
F. Public participation and other procedural rights
G. Who owns the energy underground?
1. Sovereignty over natural resources
2. State rights or peoples’ rights?
H. Policy/institutional framework
III. Conclusion
PART III: GOVERNING UNCONVENTIONAL OIL AND GAS EXTRACTION
7: Regulating Multistage Hydraulic Fracturing: Challenges in a Mature Oil and Gas Jurisdiction
I. Introduction
II. Hydraulic fracturing technology
A. Snapshot of activity
B. Strategic importance of enhanced resource recovery
III. Alberta’s early experience regulating unconventional resources
IV. The societal role of the regulator; risk and intervention strategies
V. Regulatory interventions for unconventional resource development
A. Private civil liability for fracturing damage to offset wells
B. Causes of action
C. Statutory cause of action
D. Regulatory implications
E. Regulatory requirements
VI. Public engagement and change
A. Factors fostering public participation
B. The credibility gap: public concerns and the regulatory response scepticism
VII. Conclusion
8: Emerging Regulatory Frameworks for Hydraulic Fracturing and Shale Gas Development in the United States
I. Introduction
II. Shale gas development in the United States
III. Federal regulation of hydraulic fracturing
A. Underground Injection Control (UIC)
B. Clean Water Act
C. Clean Air Act
D. Current federal studies on the potential impacts of hydraulic fracturing
E. Secretary of Energy Advisory Board recommendations
F. Hydraulic fracturing on public lands
IV. State regulation of hydraulic fracturing
A. Regulation of hydraulic fracturing in Pennsylvania
B. Regulation of hydraulic fracturing in New York
1. Shale gas resources in New York
2. The moratorium
V. Analysis of differing approaches to critical regulatory issues
A. Waste use and conservation
1. Pennsylvania
2. New York
B. Wastewater management
1. Pennsylvania
2. New York
3. CSSD
C. Chemicals use and disclosure
1. Pennsylvania
2. New York
3. CSSD
D. Water contamination
1. Pennsylvania
(a) Issuance of permits
(b) Well siting
(c) Well construction and abandonment
(d) Liability for water contamination and bonding requirements
(e) Impact fees
2. New York
(a) Well siting
E. Site disturbances and habitat fragmentation
1. Pennsylvania
2. New York
F. Methane releases
1. Pennsylvania
2. New York
3. CSSD
G. Air pollution
1. Pennsylvania
2. CSSD
H. Public engagement and the role of local governments
1. Pennsylvania
(a) Participation in the permitting process
(b) Record-keeping requirements
(c) Local pre-emption
2. New York
VI. Conclusion
9: Sleeping with the Enemy: The Legal Landscape of Unconventional Gas Development in Argentina
I. Introduction
II. Energy is politics
III. The money trail: nationalization of Yacimientos Petrolíferos Fiscales
IV. A spanner in the works: Decree 1,277 and Law 20,680 on domestic supply of goods and services
V. Federalism, environment, water, and the public
VI. More disquieting news
VII. Conclusions
10: Japan’s Undersea Mineral Resources and Its New Mining Act
I. Introduction
II. Japan’s rich undersea mineral resources
III. Japan’s Mining Act of 1950
IV. Japan’s New Mining Act of 2011
V. Some observations on the New Act
VI. Japan’s future energy and mineral policies and the importance of undersea mineral resources
11: Evolution of Algeria’s Legal and Regulatory Framework for Unconventional (Shale) Hydrocarbon Development with Emphasis on Environmental Aspects
I. Introduction
II. Algeria’s legal and regulatory framework for the hydrocarbon sector: an overview
III. Unconventional hydrocarbon exploration and production in Algeria
IV. Algeria’s environmental law and hydrocarbon sector development
A. Algeria’s general environmental protection regime
B. Application of environmental law in the hydrocarbon sector
C. Shale hydrocarbons and environmental law in Algeria
D. Environmental impact assessment and hydrocarbon activities
E. Implementation and enforcement of environmental law in relation to shale hydrocarbons development
V. Concluding remarks
12: Regulation of Unconventional Reservoirs in Colombia
I. Introduction
II. Importance of the hydrocarbon industry
III. Institutional and legal framework
A. Institutional framework
1. Ministry of Mines and Energy
2. Mining and Energy Planning Unit (UPME)
3. National Hydrocarbons Agency (ANH)
4. Ministry of Environment and Sustainable Development
5. National Environmental Licensing Authority (ANLA)
B. Legal framework
1. Decree 2100/2011
2. Resolution 180742/2012
3. Law 1530/2012
4. ANH E&P Contract
IV. Unconventional hydrocarbon potential in Colombia
A. Coal bed methane
B. Shale gas and shale oil
C. Tight gas, tar sands, and gas hydrates
V. Ongoing projects
A. Rio Rancheria Association Agreement
B. La Loma E&P Contract
C. Chiquinquira E&P Contract
D. Sueva E&P Contract
E. Barbosa E&P Contract
F. Garagoa E&P Contract
1. CAT 3 Contract
2. COR-62 Contract
3. VMM-5 Contract
4. VMM-16 Contract
5. VMM 29 Contract
VI. Environmental concerns
VII. Conclusion
PART IV: ADDRESSING ENVIRONMENTAL AND SUSTAINABILITY ISSUES UNDERGROUND
13: Risk, Regulation, and Carbon Capture and Storage: The United Kingdom Experience
I. Introduction
II. CCS and UK energy policy
III. Risk, regulation, and CCS
A. Risk and CCS
1. Investment risks
(a) Economic risk
(b) Liability risk
(c) Political and regulatory risk
2. Public policy risks
(a) Environmental risk
(b) Economic risk
B. Risk and regulation
1. Risk as a justification for regulation
2. The functions of regulation in responding to risk
(a) Risk reduction
(b) Risk management
(c) Risk allocation
3. Difficulties in designing an appropriate regulatory regime
IV. The United Kingdom regulatory framework: regulating for CCS
A. Incentivizing low carbon fossil generation
1. Carbon pricing
2. Capital support
3. Revenue support
4. Other supports
B. Incentivizing CO2 infrastructure
V. The United Kingdom regulatory framework: regulation of CCS
A. Capture installations
B. CO2 pipelines
1. Pipeline authorization
2. Third-party access
C. Carbon storage
1. Storage authorization
2. Storage operation and closure
3. Liability for leakage
VI. Evaluation and conclusions
14: Carbon Capture and Storage Development in China
I. Introduction
II. The significance of CCS development in China
A. Safeguarding China’s energy security
B. The potential for business development
C. Other factors
III. Present CCS development in China
A. Policy development
B. Technology research and development
C. Pilot projects
D. International cooperation
IV. Difficulties and issues
A. The immaturity of the technology
B. Security issues
C. Cost considerations
D. Policy and legal shortcomings
V. The National Five-Year Specific Plan
A. Situation and demand
B. Status quo and trends
C. Principle and target
D. Key tasks
E. Priority development
F. Safeguard measures
VI. Essential steps for the next stage of CCS in China
A. Promote R&D and demonstration
B. Launch a geological survey
C. Establish and perfect investment and financing mechanisms
D. Strengthen international cooperation
E. Create a legal structure
F. Improve public participation
15: Dynamic Regulation and Technological Competition: A New Legal Approach to Carbon Capture and Storage
I. Introduction
II. Theoretical foundations
III. Framework applications
A. Stage A: inclusion of CCS in the state’s energy policy
B. Stage B: capture and transportation
C. Stage C: suitability of the storage site
1. Trans-boundary CCS
IV. Conclusion
16: New Advances in Geothermal Energy Law: A Comparative Analysis
I. Introduction and overview
A. The nature and history of geothermal energy
B. The role of the law
II. New legal responses in common law countries to developing geothermal energy
A. The common law approach in the absence of legislation
B. Laws in Australia
C. Laws in Canada and New Zealand
III. New European responses to developing geothermal energy
A. European Union
1. Introduction
2. Policy developments
3. Ownership and access to the resources
4. Legal management regime
(a) The Renewables Directive
(b) Hydrocarbon licensing and the procurement directives
5. Environmental protection
B. Legislation in Denmark, Germany, the Netherlands, and Iceland
1. Introduction and new policy framework
2. Ownership and access to the resources
3. Legal management regime
4. Environmental protection
IV. Conclusion
17: Siting Nuclear Waste Repositories
I. Introduction
II. The nuclear risks
III. Nuclear law
IV. Locating permanent nuclear waste repositories
A. International standards
B. The United States experience
1. The Waste Isolation Pilot Plant
2. The commercial high-level waste repository
C. Other nations’ repository experiences
1. France
2. Japan
3. The United Kingdom
4. Sweden
5. Finland
V. Future directions
18: Electricity Undergrounding in Russia: The Case for Underground Substations
I. Introduction
II. Economic and technical background
III. Electricity sector development and investment programmes
IV. The law on Skolkovo: exemptions from land and urban planning regulations
V. The line between land law and subsoil regulations
VI. Financing of the development projects
VII. Conclusion
PART V: RESOLVING UNDERGROUND RESOURCE CONFLICTS AROUND THE WORLD
19: New Uses of the Underground in the Netherlands: How to Manage a Crowded Subsoil?
I. Introduction
II. The law regulating the use of the subsoil: Mining Acts
III. Subsoil storage
A. Introduction
B. Storage licence
C. Gas storage
D. Carbon dioxide storage
1. The need for a legal framework
2. The licensing regime
3. Storage operations, closure, and post-closure
4. Carbon dioxide storage in practice
E. Underground heat and cold storage
IV. Geothermal heat
A. The role of the Mining Act
B. Shortcomings in the licensing regime
C. Suggestions for amendment of the Mining Act
V. Shale gas
A. Introduction
B. The Dutch Mining Act
C. Fracking
D. Emissions
VI. Subsoil planning
A. Introduction
B. Spatial planning
1. Spatial Planning Act
2. Subsoil planning at national and provincial level in the Netherlands
3. Issues concerning subsoil planning in the Netherlands
VII. Conclusion
20: German Legal Responses to New Subsurface Technologies
I. The German ‘Energiewende’ (energy switch) and underground technologies
II. Subsurface technologies from energy and environmental perspectives
A. Underground technologies from an energy perspective
B. Underground technologies from an environmental perspective
C. Political and public responses to new subsurface technologies (fracking, geothermal energy, CCS)
D. Conclusion
III. Conceptual basis for implementing new subsurface technologies under German private and public law
A. The property law basis (Section 905 Civil Code, BGB)
B. Legalization through licensing
C. Separate quasi-proprietary mining law regimes
IV. Unconventional gas and hydraulic fracturing (‘fracking’)
A. The energy relevance
B. The legal framework
1. Mining law
2. Water law
C. Recent political and legal reform moves
V. Geothermal energy
A. General observations and potential
B. The legal regime
C. Evaluation of the legal regime
VI. Carbon capture and storage (CCS)
A. Legislative history
B. The legal framework
C. Perspectives
VII. Conflicts between subsurface uses
A. Increase of conflicts between uses
B. Conflict solutions on an individual case-by-case basis
C. Underground planning (zoning) law
VIII. Conclusions
21: Australian Responses to Subsurface Conflicts: Greenhouse Gas Storage v Petroleum
I. Introduction
II. The historical context
III. The constitutional context
IV. Multiple resource regimes
V. Petroleum regimes
VI. Greenhouse gas storage regimes
VII. Competition, choice, and coordination
VIII. Conclusion
22: Disputes Between the Owners of Different Subsurface Resources
I. Introduction
II. Types of disputes that may arise
A. Disputes as to the content of individual rights within the bundle and the scope of any associated working rights
B. Priority and sterilization issues
C. Compensation issues
III. Some strategies to lessen or resolve disputes between different owners
A. Statutory and other declarations as to the scope of rights
B. The enactment of clear ex ante priority rules
C. Indemnity arrangements
D. Terms and conditions
E. Setback rules
F. Strategies for recombining property rights
G. Forestalling claims to compensation
IV. Conclusions
23: Spain’s Approach to New Technologies: From Underground Structures to Carbon Dioxide Storage
I. Introduction
A. The Spanish Act on CO2 geological storage within an EU law context
B. Developments of CO2 underground storage in Spain
II. Public Domain and dominio público
III. Constitutional provisions relating to the Public Domain and its application to underground structures for the storage of CO2
IV. Spanish mining law
A. Mines and geological resources as part of the Public Domain
B. Classification of mineral resources
V. The storage of CO2 and Public Domain
A. Underground structures as part of the Public Domain in the 1973 Mining Act
B. Underground storage of natural gas
C. Storage sites, geological formations, and underground structures as part of the Public Domain in the GSCA
D. Who owns the CO2?
VI. Authorizations and concessions
VII. Authorizations for the use of underground storage in accordance with the Mining Act 1973
VIII. Concession for the storage of natural gas in an underground storage
IX. Research permits and concessions for the underground storage of CO2
X. Concluding remarks
A. The conversion of the general mining law into supplementary law
B. The European law on CCS has led to the construction of a new kind of concession
C. The GSCA is an example of the combination of public and private regulatory components to encourage new technology
D. An inheritance of privatization and liberalization?
E. A law encouraging CCS technology
24: Energy Underground and Water Sustainability: African Strategies for a Changing Environment
I. Introduction
II. Energy in Africa
III. Underground energy
A. Geothermal energy
B. Shale resources
C. Environmental impacts of the extraction processes
IV. Water resources in the developing world
V. Water vs energy: reconciling tensions
VI. Legal frameworks for the regulation of water resources
VII. Needed: a strategic approach
25: Conclusion
I. Introduction
II. Property rights in underground resources
III. The international law treatment of subsurface resources
IV. Unconventional oil and gas extraction
V. Renewable and sustainable underground uses
VI. What happens next?
VII. The role of law
Index