Author Index
ANNUAL INSTITUTE PROCEEDINGS

Volumes 50-53 (2004-2007)

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Abraham, Brian E., "Define the Scope of the Management Committee Now or by Dispute Resolution Later," Vol. 50, p. 16-1 (2004)

Akers, Jr., John K. H., "Overriding Royalty Interests: Pitfalls, Precedent, and Protection," Vol. 50, p. 21-1 (2004)

Allman, David S., “Easier Signed Than Done--Execution, Authentication, and Recording of Documents in Common Law and Civil Law Jurisdictions,” Vol. 52, p. 23-1 (2006)

Altit, Flávia Kaczelnik, “Offshore Decommissioning and International Law: The Unfinished Business,” Vol. 53, p. 22-1 (2007)

Alvarez, Henri, “Jurisdiction Shopping—Selecting the Location, Forum, and Rules for Dispute Resolution,” Vol. 53, p. 24-1 (2007)

Andrews, John W., "Swapping With the Feds: An Updated Look at Federal Land Exchanges," Vol. 51, p. 8-1 (2005)

Angell, Richard J., "Mining Investments Under NAFTA Chapter 11--A Primer for Mining Investors," Vol. 50, p. 18-1 (2004); “What’s Up with Water, Air, and Post-Aviall Jurisprudence?,” Vol. 52, p. 6-1 (2006)

Ayer, Mitchell E., “Navigating the Pooling Clause Waters: New and Recurring Issues,” Vol. 53, p. 33-1 (2007)

Baldwin, Chris G., "Selling the Crown Jewels: Diamond Royalties and Marketing Agreements in Canada," Vol. 50, p. 13-1 (2004)

Barber-Renteria, Stephanie, "Split Estates and Severed Minerals: Rights of Access and Surface Use After the Divorce (and Other Leasehold Access-Related Problems)," Vol. 50, p. 10-1 (2004)

Barnas, Michael C., "The Answer, My Friend, Is Blowing in the Wind: Wind Power--The Renewable Energy," Vol. 50, p. 5-1 (2004)

Bassett, Robert A., “Public Purpose or Private Profit: Condemnation for Natural Resources Development After Kelo v. New London,” Vol. 53, p. 5-1 (2007)

Bateman, Paul W., “The International Cyanide Management Code--A Case Study of a New Voluntary Best Practices Code: Lessons for Industry?,” Vol. 52, p. 22-1 (2006)

Baughman, Jonathan D., “Navigating the Pooling Clause Waters: New and Recurring Issues,” Vol. 53, p. 33-1 (2007)

Beverage, Laura E., “The Mine Improvement and New Emergency Response Act of 2006: Improvement or Framework for Controversy?,” Vol. 53, p. 14-1 (2007)

Bowman, John P., "Dispute Resolution Planning and Pitfalls for Energy and Natural Resources Disputes," Vol. 50, p. 8-1 (2004)

Brancard, Bill, “Structuring Financial Assurance for Reclamation: A Regulator’s Perspective,” Vol. 52, p. 19-1 (2006)

Brennan, Michael J., "The Challenges of Water for the Future of the West: Where Will We Get the Water?" Vol. 51, p. 25-1 (2005); “Of Hard Looks, Reason, and Agency Expertise: Shifting Standards for Implementing NEPA’s Scientific Analysis Requirements,” Vol. 53, p. 8-1 (2007)

Broomes, John W., “Wrestling With a Downhole Dilemma: Subsurface Trespass, Correlative Rights, and the Need for Hydraulic Fracturing in Tight Reservoirs,” Vol. 53, p. 20-1 (2007)

Bryan, Boyd A., "Environmental Due Diligence in Mineral Property Transactions: Emerging Risks, Requirements, and Strategies," Vol. 51, p. 24-1 (2005)

Burr, Carolyn F., “A Survey of Water Rights Title Review in Six Western States,” Vol. 52, p. 26-1 (2006)

Bursey, Sherry Haller, "Hazed and Confused: Clean Air Act Developments Affecting the Oil and Gas Industry," Vol. 51, p. 12-1 (2005)

Cahoon, Bradley R., “Extreme Makeovers:  Risk-Reduction Strategies for Redeveloping Mine-Scarred and Other Industrial Lands,” Vol. 52, p. 16-1 (2006)

Courtright, John, "Oil Sands Mining in Northern Alberta," Vol. 50, p. 9-1 (2004)

Cress, James F., “Form 5 LLC: A Modest Proposal for a Limited Liability Company Agreement Based on Form 5,” Vol. 53, p. 13-1 (2007)

Cummings, Allen D., “Old Area of Mutual Interest and Dedication Agreements--New Problems,” Vol. 52, p. 27-1 (2006)

Danielson, Gregory R. "The Perfect Oil and Gas Lease: Why Bother!" Vol. 50, 19-1 (2004)

Danielson, Luke J., "Sustainable Development in the Natural Resource Industries: New Perspectives, New Rules, and New Opportunities," Vol. 50, p. 14-1 (2004)

Dañino, Roberto, "The World Bank’s Extractive Industries Review," Vol. 50, p. 4-1 (2004)

Dempsey, Stan, “The Evolution of the Mining Royalty,” Vol. 53, p. 30-1 (2007)

Denstedt, Shawn, "Oil Sands Mining in Northern Alberta," Vol. 50, p. 9-1 (2004)

Diermeier, Daniel, "From Minimizing Liability to Maximizing Opportunities--Crisis Management with Application to the Natural Resources Industries," Vol. 50, p. 2-1 (2004)

Diges, Carmen, “Bilateral Financing Structures for Mining Companies Across the North-South American Axis: The Beginnings of Action,” Vol. 53, p. 23-1 (2007)

Drake, Joan E., “Jurisdictional Waters in the Wake of Rapanos and Carabell,” Vol. 53, p. 18-1 (2007)

Dugan, Thomas P., "In-Kind Gas Rights of Landowners--The Tap May Be 'Free,' But It Is Not Free From Issues!" Vol. 51, p. 14-1 (2005)

Ekberg, Carleton L., “Contracts with Land Services Consultants,” Vol. 52, p. 25-1 (2006)

Entsminger, John J., "The Challenges of Water for the Future of the West: Where Will We Get the Water?" Vol. 51, p. 25-1 (2005)

Feldman, Murray D., “Of Hard Looks, Reason, and Agency Expertise: Shifting Standards for Implementing NEPA’s Scientific Analysis Requirements,” Vol. 53, p. 8-1 (2007)

Franz, Holly J., “Produced Water: Water Rights and Water Quality: 'A "Meeting" of the Waters'?," Vol. 52, p. 12-1 (2006)

Freestone, David, "The World Bank’s Extractive Industries Review," Vol. 50, p. 4-1 (2004)

Friedman, Deborah J., "The Implications of Sarbanes-Oxley: Bringing a Different Perspective to the Due Diligence Process," Vol. 51, p. 23-1 (2005)

Gallagher, Michael J., “Arbitration and the Price Term in Long-Term Coal Supply Contracts: Law, Practice, and Getting the Right Answer,” Vol. 53, p. 29-1 (2007)

Garrett, Megan E., “A New Era in Public Land Policy? The Shift Toward Reacquisition of Land and Natural Resources,” Vol. 53, p. 11-1 (2007)

Gillespie, James A., "In-Kind Gas Rights of Landowners--The Tap May Be 'Free,' But It Is Not Free From Issues!" Vol. 51, p. 14-1 (2005)

Goldsmith, Barbara J., "Digging Up NRD: Issues in the Application of CERCLA’s Natural Resource Damages (NRD) Provisions to Historic Mining Sites," Vol. 50, p. 15-1 (2004)

Gover, Kevin, “Environmental Regulation in Indian Country,” Vol. 52, p. 20-1 (2006)

Grauberger, Jana L., “Has the Operator’s Protection Been “Plutoed”?: Joint Interest Account Disputes Between Operators and Non-Operators,” Vol. 53, p. 32-1 (2007)

Green, Edward M., “The International Cyanide Management Code--A Case Study of a New Voluntary Best Practices Code: Lessons for Industry?,” Vol. 52, p. 22-1 (2006)

Gulliver, John, “Innovative Regulation for Energy and Resources,” Vol. 52, p. 2-1 (2006)

Gundry-White, Douglas, “Contracts with Land Services Consultants,” Vol. 52, p. 25-1 (2006)

Hall, Richard R., “Legal Issues in Solution and In Situ Mining,” Vol. 52, p. 17-1 (2006)

Hayes, Christopher G., “Access to Oil, Gas, and Other Minerals in Urban Areas,” Vol. 53, p. 6-1 (2007)

Hayes, Michael J., "Planning for Drought: Moving From Crisis to Risk Management," Vol. 51, p. 27-1 (2005)

Herbert, Frank, "Russian Roulette: Lessons to be Learned From Success and Failure in the Former Soviet Union," Vol. 51, p. 19-1 (2005)

Hollis, Sheila Slocum, “The Energy Infrastructure Challenge--The Collision of Dreams and Realities in Law and Politics,” Vol. 52, p. 7-1 (2006)

Holtkamp, James A., "North American Approaches to Climate Change: Greenhouse Gas Emission Control Strategies," Vol. 51, p. 2-1 (2005)

Hosey, Peter E., "Descriptions and Boundary Disputes--Avoiding Litigation Regarding Title to Real Property," Vol. 50, p. 20-1 (2004)

Hubbard, Randall E., “Current Parameters of the Discovery Rule,” Vol. 52, p. 18-1 (2006)

Hunter, Jonathan A., "Operator Liability in the 21st Century: Is Being in Charge Still Worth It?" Vol. 51, p. 15-1 (2005)

Igiehon, Mark Osa, “Offshore Decommissioning and International Law: The Unfinished Business,” Vol. 53, p. 22-1 (2007)

Indall, Jon J., “A New Dawn for Uranium,” Vol. 52, p. 4-1 (2006)

Irarrázabal, Ricardo, “Bilateral Financing Structures for Mining Companies Across the North-South American Axis: The Beginnings of Action,” Vol. 53, p. 23-1 (2007)

Ireland, Glen, "Disclosure of Mineral Reserves--Learning From the Royal Dutch/Shell Recategorisation," Vol. 51, p. 9-1 (2005)

Jacus, John R., "Hazed and Confused: Clean Air Act Developments Affecting the Oil and Gas Industry," Vol. 51, p. 12-1 (2005)

Johnson, R. Craig, "Mining Investments Under NAFTA Chapter 11--A Primer for Mining Investors," Vol. 50, p. 18-1 (2004)

Johnston, Karen L., “The Mine Improvement and New Emergency Response Act of 2006: Improvement or Framework for Controversy?,” Vol. 53, p. 14-1 (2007)

Jones, Kendor P., "Chained Gates and No Trespassing Signs: Dealing With Wary Landowners in a Brave New World," Vol. 51, p. 7-1 (2005)

Jordaan, Hendrik F., “Cross-Border Mergers and Acquisitions in the Mining Sector--Lessons Learned from the Recent Wave of Transactions,” Vol. 52, p. 24-1 (2006)

Kalt, Joseph P., "Economics, Law, and Politics: What Will Drive Energy’s Future?," Vol. 50, p. 1-1 (2004)

Kirkham, John S., “Legal Issues in Solution and In Situ Mining,” Vol. 52, p. 17-1 (2006)

Kirschner, Lisa A., “What’s Up with Water, Air, and Post-Aviall Jurisprudence?,” Vol. 52, p. 6-1 (2006)

Klee, Ann R., “The Extraterritorial Application of U.S. Law: Is What’s Sauce for the Goose Good for the Gander?,” Vol. 53, p. 7-1 (2007)

Kornick, Cheryl M., "Operator Liability in the 21st Century: Is Being in Charge Still Worth It?" Vol. 51, p. 15-1 (2005)

Kwasniak, Arlene J., “Dribs and Drabs: Western United States and Canadian Responses to Water Scarcity,” Vol. 53, p. 16-1 (2007)

Larson, Steven P., “The Use of Complex Computer Modeling of Groundwater Systems,” Vol. 53, p. 17-1 (2007)

Leach, Carol, “Structuring Financial Assurance for Reclamation: A Regulator’s Perspective,” Vol. 52, p. 19-1 (2006)

Lear, Phillip Wm., "Split Estates and Severed Minerals: Rights of Access and Surface Use After the Divorce (and Other Leasehold Access-Related Problems)," Vol. 50, p. 10-1 (2004)

Linxwiler, James D., “The Alaska Native Claims Settlement Act at 35: Delivering on the Promise,” Vol. 53, p. 12-1 (2007)

Low, Lucinda A., "Ethics, Extraterritorial Anticorruption Laws, and Anti-Money Laundering Laws," Vol. 51, p. 3-1 (2005)

Lucas, Alastair R., “Dribs and Drabs: Western United States and Canadian Responses to Water Scarcity,” Vol. 53, p. 16-1 (2007)

Lundberg, Constance K., “Shale We Dance?  Oil Shale Development in North America: Capoeira or Funeral Dance,” Vol. 52, p. 13-1 (2006)

Lustig, Thomas D., "Prospects for the Public Land Laws: Increasing Avoidance of Their Mandates and Constraints on Their Influence," Vol. 50, p. 3B-1 (2004)

Malone, Patrick S., "The Future of NPDES Permitting: Watersheds, TMDLs, and Jurisdictional Issues," Vol. 50, p. 24-1 (2004)

Maryan, N. E. “Skip,” “Peak Oil:  The End of the Roller Coaster Ride? Implications for Law and Policy,” Vol. 52, p. 1-1 (2006)

May, James R., "Discharges from Historic Mining Properties: Asserting and Defending Citizen Suits Under the Clean Water Act," Vol. 50, p. 23-1 (2004)

McBride, Michael F., "Mine to Market: Surface Transportation of Minerals and Mineral Commodities," Vol. 51, p. 17A-1 (2005)

McIntosh, Carolyn L., "The Growing Phenomenon of Challenges to Federal Land Use Plans in Natural Resources Development Litigation," Vol. 51, p. 11-1 (2005)

McLaughlin, Nancy A., "Conservation Easements: Why and How?" Vol. 51, p. 22-1 (2005)

Melanson, Michael N., “Cross-Border Mergers and Acquisitions in the Mining Sector--Lessons Learned from the Recent Wave of Transactions,” Vol. 52, p. 24-1 (2006)

Mir, Pablo, “Easier Signed Than Done--Execution, Authentication, and Recording of Documents in Common Law and Civil Law Jurisdictions,” Vol. 52, p. 23-1 (2006)

Moellenberg, Dalva L., "Technical, Legal, and Financial Strategies for Effective Mine Closure," Vol. 51, p. 18-1 (2005)

Morehead, Eric, "Keeping Energy Companies Out of Trouble--Dealing with the SEC, Ethical Dilemmas, and Avoiding Criminal Liability," Vol. 50, p. 6-1 (2004)

Murray, Kevin R., "The Future of NPDES Permitting: Watersheds, TMDLs, and Jurisdictional Issues," Vol. 50, p. 24-1 (2004)

Muys, Jerome C., "America’s Changing View of Its Public Lands and Waters (1955-2004): The New Paradigm," Vol. 50, p. 3A-1 (2004)

Nelson, Jane, “The Operation of Non-Governmental Organizations (NGOs) in a World of Corporate and Other Codes of Conduct,” Vol. 52, p. 8-1 (2006)

Nicholas, Jr., Robert H., "Ocean Transportation of Oil and Gas and Hard Minerals," Vol. 51, p. 17B-1 (2005)

O’Leary, Marilyn C., “Reinventing the Interstate Water Compact: A New Model,” Vol. 52, p. 21-1 (2006)

O'Malley, James J., "Chained Gates and No Trespassing Signs: Dealing With Wary Landowners in a Brave New World," Vol. 51, p. 7-1 (2005)

Otto, James, "Comparative International Tax Regimes," Vol. 50, p. 17-1 (2004)

Parcel, Randy L., “The Evolution of the Mining Royalty,” Vol. 53, p. 30-1 (2007)

Parker, Charles, "Keeping Energy Companies Out of Trouble--Dealing with the SEC, Ethical Dilemmas, and Avoiding Criminal Liability," Vol. 50, p. 6-1 (2004)

Patton, David, “Bad Moon Rising—The Continuing Liability of an Assignee After Assignment,” Vol. 53, p. 31-1 (2007)

Pennell, Kevin, “The Legal Aftermath of a Category 5 Hurricane: How Katrina and Rita Will Affect the Act of God and Force Majeure Defenses in Exploration and Production Activities,” Vol. 52, p. 10-1 (2006)

Pharo, Milam Randolph, "The Perfect Oil and Gas Lease: Why Bother!" Vol. 50, 19-1 (2004)

Pierce, David E., " 'Surrounding Circumstances' Evidence in Natural Resources Litigation and the Effective Use of Daubert to Manage Expert Testimony," Vol. 51, p. 13-1 (2005)

Pletcher, Fred R., "What Is a Canadian Junior, Eh? Doing Business With Canadian Exploration and Mining Companies," Vol. 51, p. 16-1 (2005); “Gotcha! Turning Confidentiality and Standstill Agreements into Gold Mines,” Vol. 53, p. 28-1 (2007)

Rampton, Anthony L., “Shale We Dance?  Oil Shale Development in North America: Capoeira or Funeral Dance,” Vol. 52, p. 13-1 (2006)

Rasband, James R., “A New Era in Public Land Policy? The Shift Toward Reacquisition of Land and Natural Resources,” Vol. 53, p. 11-1 (2007)

Rawson, E. Blaine, “Supplemental Environmental Projects--Making Them Work for You,” Vol. 52, p. 14-1 (2006)

Reeves, John R., “Compendium of Cases Construing the Model Form Operating Agreements,” Vol. 52, p. 11-1 (2006)

Reimer, Hadassah M., “Of Hard Looks, Reason, and Agency Expertise: Shifting Standards for Implementing NEPA’s Scientific Analysis Requirements,” Vol. 53, p. 8-1 (2007)

Ritchie, Alex, “Form 5 LLC: A Modest Proposal for a Limited Liability Company Agreement Based on Form 5,” Vol. 53, p. 13-1 (2007)

Riveira, Ashley, “The Extraterritorial Application of U.S. Law: Is What’s Sauce for the Goose Good for the Gander?,” Vol. 53, p. 7-1 (2007)

Rockwood, Linda, "Orange Alert: Developing Responsibilities of Natural Resource Companies for Chemical Security in an Unsafe World," Vol. 51, p. 21-1 (2005)

Rodrigo Prado, Luis Carlos, "Fiscal Stabilization Agreements With Host Countries: What They Are and How They Work," Vol. 51, p. 20-1 (2005)

Saines, Richard M., "North American Approaches to Climate Change: Greenhouse Gas Emission Control Strategies," Vol. 51, p. 2-1 (2005)

Salcido, Rachael E., “Public Lands Access:  Everything Old is New Again,” Vol. 52, p. 9-1 (2006)

Schaeffer, Kathy L., “What Every Land Professional Should Know About NEPA,” Vol. 53, p. 4-1 (2007)

Scott, Graham H., "What Is a Canadian Junior, Eh? Doing Business With Canadian Exploration and Mining Companies," Vol. 51, p. 16-1 (2005)

Semenoff, Mark, "Orange Alert: Developing Responsibilities of Natural Resource Companies for Chemical Security in an Unsafe World," Vol. 51, p. 21-1 (2005)

Shepston, Michelle H., "The Implications of Sarbanes-Oxley: Bringing a Different Perspective to the Due Diligence Process," Vol. 51, p. 23-1 (2005)

Sherk, George William, “Reinventing the Interstate Water Compact: A New Model,” Vol. 52, p. 21-1 (2006)

Smith, Jennifer A., “Squeezing Back: Making Federal Agencies Measure Their Economic Impact on Small Entities,” Vol. 52, p. 5-1 (2006)

Smith, Paul, “Form 5 LLC: A Modest Proposal for a Limited Liability Company Agreement Based on Form 5,” Vol. 53, p. 13-1 (2007)

Smyth, Paul B., "Hot Topics in Public Lands," Vol. 50, p. 11-1 (2004)

Snodgrass, Sandra A., “Public Purpose or Private Profit: Condemnation for Natural Resources Development After Kelo v. New London,” Vol. 53, p. 5-1 (2007)

Spalitta, Salvadore V., “The Legal Aftermath of a Category 5 Hurricane: How Katrina and Rita Will Affect the Act of God and Force Majeure Defenses in Exploration and Production Activities,” Vol. 52, p. 10-1 (2006)

Stephens, Marina, "Russian Roulette: Lessons to be Learned From Success and Failure in the Former Soviet Union," Vol. 51, p. 19-1 (2005)

Sullivan, Jr., Harry W., "LNG and Its Impact on the Natural Gas Industry," Vol. 51, p. 10-1 (2005)

Sussman, Robert J., "Keeping Energy Companies Out of Trouble--Dealing with the SEC, Ethical Dilemmas, and Avoiding Criminal Liability," Vol. 50, p. 6-1 (2004)

Thomas, David A., “How Far Does the Covenant Run? Covenants That Run with the Land in Oil and Gas Transactions,” Vol. 53, p. 19-1 (2007)

Thompson, Chet M., “The Extraterritorial Application of U.S. Law: Is What’s Sauce for the Goose Good for the Gander?,” Vol. 53, p. 7-1 (2007)

Thorp, Michael R., "Digging Up NRD: Issues in the Application of CERCLA’s Natural Resource Damages (NRD) Provisions to Historic Mining Sites," Vol. 50, p. 15-1 (2004)

Thrasher, R. J. (Jack), “Canadian Oil Sands Development and Cross-Border Ventures,” Vol. 53, p. 2-1 (2007)

Tomko, Michael J., “What’s Up with Water, Air, and Post-Aviall Jurisprudence?,” Vol. 52, p. 6-1 (2006)

Trout, Robert V., "Whose Water? Meeting New Federal Water Demands in Prior Appropriation States," Vol. 50, p. 22-1 (2004)

Tundermann, David W., “What’s Up with Water, Air, and Post-Aviall Jurisprudence?,” Vol. 52, p. 6-1 (2006)

Tymkiw, Doug, “Has the Operator’s Protection Been “Plutoed”?: Joint Interest Account Disputes Between Operators and Non-Operators,” Vol. 53, p. 32-1 (2007)

Victor, David, “Global Warming and the Transformation of the Energy Industry: Implications for Energy Law,” Vol. 53, p. 1-1 (2007)

Vollmann, Tim, "Exploration and Development Agreements on Indian Lands," Vol. 50, p. 12-1 (2004)

Watson, Rebecca W., “Produced Water: Water Rights and Water Quality: 'A "Meeting" of the Waters'?,” Vol. 52, p. 12-1 (2006)

Webster, Peter L., "Selling the Crown Jewels: Diamond Royalties and Marketing Agreements in Canada," Vol. 50, p. 13-1 (2004)

Wilhite, Donald A., "Planning for Drought: Moving From Crisis to Risk Management," Vol. 51, p. 27-1 (2005)

Williams, Ezekiel J., "The Growing Phenomenon of Challenges to Federal Land Use Plans in Natural Resources Development Litigation," Vol. 51, p. 11-1 (2005); “What Every Land Professional Should Know About NEPA,” Vol. 53, p. 4-1 (2007)

Williams, Stacy, "Keeping Energy Companies Out of Trouble--Dealing with the SEC, Ethical Dilemmas, and Avoiding Criminal Liability," Vol. 50, p. 6-1 (2004)

Witwer, James S., "Whose Water? Meeting New Federal Water Demands in Prior Appropriation States," Vol. 50, p. 22-1 (2004)

Wozniak, Michael J., “Expanding Authority of Oil and Gas Conservation Commissions,” Vol. 52, p. 15-1 (2006)

Wright, Arthur J., "Joint Operating Agreements--Common Amendments and Mistakes," Vol. 50, p. 7-1 (2004)

Wright, Vicki J., "Ethics and the Attorney-Client Privilege--So Twentieth Century," Vol. 51, p. 4-1 (2005)

Young, Lucy, “Easier Signed Than Done--Execution, Authentication, and Recording of Documents in Common Law and Civil Law Jurisdictions,” Vol. 52, p. 23-1 (2006)

Zillman, Donald, “Innovative Regulation for Energy and Resources,” Vol. 52, p. 2-1 (2006)

Zody, Michael A., "Responding to Environmental Whistleblowers: Listen Carefully to That Sound Coming 'Round the Bend," Vol. 51, p. 6-1 (2005)

Zoobkoff, Anthony A., "Define the Scope of the Management Committee Now or by Dispute Resolution Later," Vol. 50, p. 16-1 (2004); “Gotcha! Turning Confidentiality and Standstill Agreements into Gold Mines,” Vol. 53, p. 28-1 (2007)