Abstract
ABSTRACTHypothetical state or federal bans on the extraction of petroleum and natural gas in the United States, particularly if such prohibitions interrupted active mineral leases, would likely provoke a slew of takings claims. The prevailing legal framework, along with controlling precedent from the Supreme Court and federal Courts of Appeals, suggests that many such takings claims would fail. Certain federal leaseholders and owners of freehold mineral estates, however, would probably have colorable claims. The state and federal governments should therefore consider takings law when formulating any environmental policy that would limit fossil resource extraction.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
