Fracking/Takings

As the use of fracking has spread during the recent oil and gas boom, inevitable conflicts have arisen between industry and its neighbors, particularly as fracking has moved into densely populated urban and suburban areas. Concerned over the impacts of fracking – such as risks to health and safely, diminished property values, air and water pollution, as well as noise, traffic, and other annoyances – many people have demanded a government response. Government regulation of fracking has struggled to catch up, although in recent years many state and local governments have taken steps to reduce the impacts of fracking in their communities. This article focuses on government restrictions in New York and Colorado, two of the key battlegrounds in the fight over fracking. New York recently prohibited fracking across the entire state, after several towns had enacted their own bans. In Colorado, the people have used the ballot initiative process to enact restrictions on fracking directly. The industry has responded not only with public relations spending to improve the fracking’s damaged reputation, but also legal challenges to these efforts to rein in oil and gas development. In addition to suing local governments, often arguing they do not have authority to regulate fracking, industry threatens to bring costly takings claims for compensation due to alleged economic harms. This Article examines the numerous legal and factual issues that should make it difficult for industry to succeed on fracking/takings claims. First, regulation of fracking, even including outright bans, can almost always be defended as necessary to prevent a nuisance or other background principle of law that justifies government regulation. Even if a nuisance defense could be overcome, industry would have difficulty proving that regulation has destroyed all economic value in their property, unless courts take a narrow view of property that would highlight the arbitrary nature of the “denominator problem.” When fracking/takings claims are considered under the default balancing of the Penn Central case, takings are unlikely to be found except in rare outlier cases. Finally, because requiring governments to pay compensation in fracking/takings cases would likely create a windfall for industry, particularly if the oil and gas eventually is extracted in the future, courts should resist the temptation to rule against government restrictions to protect public health, safety, and the environment.

Governance and Uncertainty

Government actors create law against a backdrop of uncertainty. Limited information, unpredictable events, and lack of understanding interfere with accurately predicting a legal regime’s costs, benefits, and effects on other legal and social programs and institutions. Does the availability of no-fault divorce increase the number of terminated marriages? Will bulk-collection of telecommunications information about American citizens reveal terrorist plots? Can a sensitive species breed in the presence of oil and gas wells? The answers to these questions are far from clear, but lawmakers must act nonetheless. The problems posed by uncertainty cut across legal fields. Scholars and regulators in a variety of contexts recognize the importance of uncertainty, but no systematic, generally-applicable framework exists for determining how law should account for gaps in information. This Article suggests such a framework and develops a novel typology of strategies for accounting for uncertainty in governance. This typology includes “static law,” as well as three varieties of “dynamic law.” “Static law” is a legal rule initially intended to last in perpetuity. “Dynamic law” is intended to change, and includes: (1) durational regulation, or fixed legal rules with periodic opportunities for amendment or repeal; (2) adaptive regulation, or malleable legal rules with procedural mechanisms allowing rules to change; and (3) contingent regulation, or malleable legal rules with triggering mechanisms to substantively change to the rules. Each of these strategies, alone or in combination, may best address the uncertainty inherent in a particular lawmaking effort. This Article provides a diagnostic framework that lawmakers can use to identify optimal strategies. Ultimately, this approach to uncertainty yields immediate practical benefits by enabling lawmakers to better structure governance.

An Analysis of Effective Components of Climate Change Policies in Three Colorado Counties

Climate change is critically impacting the environment and economy at the local level. County governments have an opportunity to adopt climate change policies that address local environmental and economic concerns. The Colorado counties of Boulder, Gunnison, and Pitkin have all adopted some form of climate change policies. There are some components of each of these policies that are more effective in terms of economic, environmental, and community benefits. An effective climate change policy clearly states specific cost analyses, environmental impacts at the local level, the relationship between impacts and the community, and the economic benefits of policy adoption. This Capstone project addresses specific cost and energy analyses and provides a beneficial policy framework for county governments.

El futuro de la regulación del sector del abastecimiento en España

La gestión del servicio de abastecimiento de agua es un tema de muy relevante y de plena actualidad, no solo en España sino a nivel mundial. En España, desde la forma de prestación del servicio a través de la gestión directa o la gestión indirecta, o el tipo en sí de gestión indirecta que se desarrolle –empresa privada, pública o mixta- dan como resultado prácticamente tantas situaciones como ayuntamientos existen ya que la competencia es municipal, según reconoce la Ley de Bases de Régimen Local. La heterogeneidad de circunstancias de gestión de los recursos hídricos, la fragmentación de un sector clave y la falta de indicadores comparables entre diferentes opciones para la prestación de este servicio, parece indicar la necesidad de apostar por la creación de un ente regulador independiente dada la naturaleza monopolística del sector del abastecimiento y el saneamiento, junto con el carácter esencial del bien que se gestiona. Mientras que las instituciones gubernamentales dictan las políticas generales a través de leyes y reglamentos, los operadores -públicos, privados o mixtos- son los responsables de prestar los servicios a la población, y sería el órgano regulador quien velaría por el cumplimiento de las normas. El MAGRAMA está estudiando la posibilidad de elaborar una Ley sobre el Ciclo Integral del Agua de Uso Urbano con las dificultades que esto tiene en consideración a las competencias de las Comunidades Autónomas, lo que sin duda ayudaría a homologar la gestión del agua urbana en España, regulando un monopolio natural, ahora en manos de más de 8.100 municipios y un reducido número de empresas concesionarias, auténticas detentadoras de estos servicios. En este trabajo tratamos de analizar las ventajas que supondría para España contar con una agencia de regulación similar a las existentes en numerosos países, tanto europeos como de América Latina.

Translations of the Ottoman constitutional laws: the Wilayet Administrative Law, the Municipal Law and various other laws

Ottoman constitutional law of the 7th Dhil Hujjah, 1293 AH [December 24, 1876 AD] as amended. -- Regulations of the Chamber of deputies. -- Regulations of the Senate. -- Provisional law of administration of wilayets of the 13th March, 1329 AH [March 26, 1913 AD] as amended. -- Municipal law of the 27th Ramadhan, 1294 AH [October 5, 1877 AD] as amended. -- Law regulating chambers of commerce and industry, dated the 31st May, 1326 AH [June 13, 1910 AD]. -- Provisional law of expropriation on behalf of municipalities dated the 21st Kanun Thani, 1329 AH [February 3, 1914 AD]. -- Regulations of expropriation for public purposes, dated the 24th Tashrin Thani, 1295 AH [December 6, 1879 AD] as amended. -- The Press law of the 16th Tamuz, 1325 AH [July 29, 1910 AD] as amended.

Georgia- between a dream and reality. OSW Commentary no. 133, 15.04.2014

Following several years of political turmoil triggered by constitutional reform (a shift from a presidential to a semi-presidential system) and electoral reshuffles (parliamentary elections in 2012; presidential elections in 2013), the political situation in Georgia has stabilised: key posts in the country are now in the hands of democratically elected members of the Geor-gian Dream coalition. Despite its mosaic-like structure and internaltensions, Georgian Dream remains strong and enjoys high levels of public support. This puts it in good stead to play a central role in Georgian politics in the foreseeable future, including securing victory in the local government elections scheduled for June. However, local billionaire Bidzina Ivanishvili does not currently hold a political office - despite the fact that he is the founder, sponsor and undisputed leader of the coalition, as well as former prime minister and the most popular public figure in Georgia (besides Patriarch Ilia II). This raises several questions, for example: Who is really at the helm of the Georgian state? What is the lon-g-term vision of the current government? The past achievements of the politically heterogeneo-us Georgian Dream - dominated by Mr Ivanishvili - offer little help in answering these questions. In addition to a series of challenges on the domestic front, the new Georgian leadership is also facing strategic geopolitical challenges, compounded by the current conflict in Ukraine. These include the future of Georgia’s relations with the West (including the process of EU and NATO integration) and with Russia (in response to repeated attempts to re-integrate the post-Soviet republics). The scale and dynamism of the changes in both the geopolitical order in the post-Soviet region and in the relations between Russia and the West are causing further questions to be raised about their impact on the position of the Georgian political elite and about their consequences for the entire country.

Svodboda party - the new phenomenon on the Ukrainian right-wing scene. OSW Commentary No. 56, 2011-07-04

Even though the national-level political scene in Ukraine is dominated by the Party of Regions, the west of the country has seen a progressing increase in the activity of the Svoboda (Freedom) party, a group that combines participation in the democratically elected local government of Eastern Galicia with street actions, characteristic of anti-system groups. This party has brought a new quality to the Ukrainian nationalist movement, as it refers to the rhetoric of European anti-liberal and neo-nationalist movements, and its emergence is a clear response to public demand for a group of this sort. The increase in its popularity plays into the hands of the Party of Regions, which is seeking to weaken the more moderate opposition parties (mainly the Yulia Tymoshenko Bloc). However, Svoboda retains its independence from the ruling camp. This party, in all likelihood, will become a permanent and important player in Ukrainian political life, although its influence may be restricted to Eastern Galicia. Svoboda is determined to fight the tendencies in Ukrainian politics and the social sphere which it considers pro-Russian. Its attitude towards Russia and Russians, furthermore, is unambiguously hostile. In the case of Poland, it reduces mutual relations almost exclusively to the historical aspects, strongly criticising the commemoration of the victims of the Ukrainian Insurgent Army’s (UPA) crimes. This may cause tension in Polish-Ukrainian relations, where they are affected by decisions made by local governments controlled by the Svoboda Party.

Euro-area governance: what to reform and how to do it. Bruegel Policy Brief 2015/01 February 2015

The Issue Reform of the governance of the euro area is being held back by disagreement on what is at the root of the euro area’s woes. Pre-crisis, the euro area suffered from the built-up of financial imbalances, price and wage divergence and an insufficient focus on debt sustainability. During the crisis, the main problems were slow resolution of banking problems, an inadequate fiscal policy stance in 2011-13 for the area as a whole, insufficient domestic demand in surplus countries and slow progress with structural reforms to overcome past divergences. Policy Challenge Euro-area governance needs to move beyond the improvements brought about by banking union and should establish institutions to prevent divergences of wages from productivity. We propose the creation of a European Competitiveness Council composed of national competitiveness councils, and the creation of a Eurosystem of Fiscal Policy (EFP) with two goals: fiscal debt sustainability and an adequate area-wide fiscal position. The EFP should have the right in exceptional circumstances to declare national deficits unlawful and to be able to force parliaments to borrow more so that the euro-area fiscal stance is appropriate. A euro-area chamber of the European Parliament would have to approve such decisions. No additional risk-sharing would be introduced. In the short term, domestic demand needs to be increased in surplus countries, while in deficit countries, structural reform needs to reduce past divergences.

Combating corruption in Ukraine – the beginning of a long march. OSW COMMENTARY Number 170, 06.05.2015

From a public opinion point of view, corruption has been the gravest problem of today’s Ukraine, excepting the armed conflict in the east of the country. The government might be able to delay certain key reforms such as the constitutional reform or the reform of local government structures, however, without stepping up measures to combat corruption they would face the risk of losing social support which has already been weak. There is no single strategy for combating corruption in Ukraine. What has been implemented is a series of often contradictory concepts and actions (initiated by the president’s office, the government, civil society institutions, or launched to meet the requirements of donors). The successes of the new government have included efforts aimed at fighting corruption at the middle level of government and the introduction of legislative changes in compliance with international practice. The main weaknesses, on the other hand, have been the lack of efficient mechanisms to implement the adopted legislation to ensure that an individual charged with corruption (regardless of political connections) could be effectively tried and the money received as bribery could be returned to the state. Similarly, the judiciary system has not been prepared to actively handle corruption cases.

Gobiernos interiores.

Mode of access: Internet.

A compilation of the laws of Illinois, relating to township organization and management of county affairs : with numerous forms and notes of instruction, supported by adjudicated cases, opinions of the attorney general and rulings of the auditor of public accounts, with an appendix /

Includes index.

A guide to funding resources /

Mode of access: Internet.

Tested recipes : the Keosauqua cook book and business directory /

Sample recipes: Victimized chops, Pea salad, Jam cake.

County electors act, 1888: with notes on the changes made in the law of parliamentary and municipal registration for the purpose of forming a register of persons qualified to vote at elections of county and district councillors.

Mode of access: Internet.

The frankpledge system,

"List of works cited": p. 172-184.