The Law of Energy Underground

Robert Pritchard, International Energy Law Review Energy Underground is a brilliant piece of work with contributions by many famous names in the field of energy law. All practising and academic lawyers with an interest in energy law and in how the law is evolving to deal with a more crowded underground should acquire and digest this latest magnum opus.

Donald N. Zillman, Edward Godfrey Professor of Law, University of Maine School of Law, Aileen McHarg, Professor of Law, Strathclyde University, Adrian Bradbrook, Bonython Professor of Law, University of Adelaide, Lila Barrera-Hernandez, Adjunct Assistant Professor of Law, University of Calgary Donald Zillman has been a tenured faculty member at Arizona State University from 1974-79, the University of Utah from 1979-90, and the University of Maine School of Law from 1991 to the present, where he holds the Edward Godfrey Professorship at the Maine law school. His teaching and scholarship have concentrated on energy, environmental, and natural resources law and the constitutional governance of the military. At the University of Utah, he received the Law School's Burlington Northern Outstanding Teacher Award. His research has produced ten books and over 50 scholarly articles including in the leading legal journals of the University of Texas, Georgetown University, George Washington University, the University of North Carolina, and Notre Dame University. Aileen McHarg is Professor of Public Law at the University of Strathclyde. Professor McHarg's research relates to regulatory theory and practice, particularly in relation to energy utilities. She has written widely on UK and EU energy regulation, focusing on questions of institutional design, regulatory accountability, consumer representation, and the promotion of sustainable energy. She also has a developing research interest in the regulatory and governance challenges posed by climate change. Adrian Bradbrook is Professor of Law at Adelaide University. His main research work lies in the fields of sustainable energy law, environmental law, and property law. He has published extensively in these fields. He has held the position of Chair of the Working Group on Energy Law and Climate Change for the IUCN (World Conservation Union) and has worked on a number of UN projects relating to energy law. He is a Member of the Board of Editors of the Journal of Energy and Natural Resources Law, the Australasian Journal of Natural Resources Law and Policy, the Journal of Renewable EnergyLaw and Policy and the Australian Property Law Journal. Lila Barrera-Hernandez is an Adjunct Assistant Professor and member of the Natural Resources Research Group, Faculty of Law, University of Calgary, Canada. She is also member of the Academic Advisor Group (AAG) of the International Bar Association, Section on Energy, Environment, Natural Resources and Infrastructure Law (IBA-SEERIL). She has published numerous books and articles on a variety of topics ranging from energy security to indigenous participation and land tenure in Latin America. She has over 12 years' experience in sustainable development practice. She has worked extensively in Latin America on environmental and energy development issues. Her experience covers a wide range of activities, including providing advice to governments on regulatory and institutional strengthening, training of government officers on different aspects of environmental law and practice, and participating in the preparation of strategic environmental assessments and sustainable development plans.

Introduction ; SECTION ONE: PROPERTY RIGHTS IN UNDERGROUND RESOURCES ; 1. The Common Law of Subsurface Activities ; 2. The Civil Law Treatment of Subsurface Resources ; 3. The Development of United States Common Law Concerning Underground Resources ; 4. The Roman-Dutch Perspective on Subsurface Issues ; SECTION TWO: THE INTERNATIONAL LAW TREATMENT OF SUBSURFACE RESOURCES ; 5. International Legal Regimes for Subsurface Activities ; SECTION THREE: GOVERNING UNCONVENTIONAL OIL AND GAS EXTRACTION ; 6. Regulating Hydraulic Fracturing in a Mature Energy Jurisdiction ; 7. United States Treatment of Fracking ; 8. Development of Argentine Unconventional Reserves ; 9. Japan's Undersea Resources and Its New Mining Act ; 10. The New Algerian Legislation on Shale Gas and other Hydrocarbons ; 11. Shale Gas Regulation in Colombia ; SECTION FOUR: ADDRESSING ENVIRONMENTAL AND SUSTAINABILITY ISSUES UNDERGROUND ; 12. British Encouragement and Regulation of Carbon Capture and Storage ; 13. The Law and Policy for Carbon Capture and Storage Technologies in China ; 14. Dynamic Regulation and Technological Competition: A New Legal Approach to Carbon Capture and Storage ; 15. Comparative Analysis of Contemporary Geothermal Development ; 16. Siting Nuclear Waste Disposal ; 17. Electricity Substation Undergrounding in Russia ; SECTION FIVE: RESOLVING UNDERGROUND RESOURCE CONFLICTS AROUND THE WORLD ; 18. Energy Underground: New Developments in the Netherlands ; 19. German Legal Responses to New Subsurface Technologies ; 20. Australian Responses to New Underground Technologies ; 21. Management of Subsurface Conflicts in Canada ; 22. Spain's Approach to New Underground Technologies ; 23. Practices in Sub-Saharan Africa