Browsing by Author "Kramer, Bruce M."
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Item The 1970 Clean Air Amendments: Federalism in Action or Inaction?(Texas Tech Law Review, 1974) Kramer, Bruce M.The article will consider in depth only that part of the Clean Air Act that deals with stationary sources, and more specifically that portion dealing with federal enforcement of state implementation plans. Professor Kramer precedes this discussion with the legislative battle that occurred in the years leading up to the passing of the Clean Air Act.Item The 1977 Clean Air Act Amendments: A Tactical Retreat From the Technology-Forcing Strategy?(Urban Law Annual, 1978) Kramer, Bruce M.The Clean Air Act of 1970 utilized the innovative concept of health-based standards to achieve a technology-forcing strategy, which meant that protection of the public health could be the sole consideration in either attaining or setting an appropriate standard. However, this technique was strongly opposed for excluding from consideration any economic or technological feasibility issues as well as the social ramifications of its implementation. When applied to air pollution, this strategy necessarily involved an “all-or-nothing” result that forced stationary sources to either develop the technology necessary to limit emissions or be shut down. The Supreme Court’s decision in Union Electric confirmed the technology-forcing mandate and the resulting necessity of stationary source shutdowns in many areas of the country. Congress responded by enacting the Clean Air Act Amendments of 1977, which endorsed the technology-forcing strategy while removing the non-flexible attainment date and expanding the availability of extensions, revisions, and variances. This article considers post- Union Electric litigation involving stationary sources and the original technology-forcing strategy, and analyzes the impact of the 1977 Amendments on the continued viability of the technology-forcing strategy for stationary sources. To some extent any delay, extension, or variance emasculates the technology-forcing strategy. However, faced with the reality of non-attainment and the possible closure of important industrial operations, and apparently heeding Justice Powell's advice in Union Electric, Congress decided that delay was better than shutdowns.Item Compulsory Pooling and Unitization: State Options in Dealing with Uncooperative Owners(Journal of Energy Law and Policy, 1986) Kramer, Bruce M.This article will explore how states deal with this result which, on its face, discourages voluntary agreements to pool or unitize, and therefore discourages conservation of resources and efficiency goals in the allocation of capital investment in the oil and gas industry.Item Conflicts Between the Exploitation of Lignite and Oil and Gas: The Case For Reciprocal Accommodation(Houston Law Review, 1984) Kramer, Bruce M.The incompatibility of certain types of mineral development on the same acreage is a longstanding but well-hidden problem that affects the development of American energy supplies. This article analyzes the incompatibility problem from several perspectives. First, it introduces the basic problems of ownership of minerals under Texas statutes and regulations and illustrates the nature of the conflict. Second, the article explores the doctrines of subjacent support and implied easements and discusses how adoption of rules relating to the interpretation of deeds or leases containing the phrase "oil, gas, and other minerals" can exacerbate or ameliorate the problem. Third, the article relates the doctrines of subjacent support and implied easements to the problem of developmental conflicts by analyzing the common law solutions to the problem of mutually exclusive developmental rights. Further, the use of surface owner consent statutes, enacted in several states to resolve developmental conflicts, is also discussed. These statutes give surface owners the right to veto certain types of mineral development under various circumstances. Several recent court decisions interpreting the validity of these statutes are studied. Finally, this article provides recommendations for resolving developmental conflicts, including statutory or regulatory measures authorizing state involvement.Item Conveying Mineral Interests -- Mastering the Problem Areas(Tulsa Law Journal, 1990) Kramer, Bruce M.This article will explore how states deal with this result which, on its face, discourages voluntary agreements to pool or unitize, and therefore discourages conservation of resources and efficiency goals in the allocation of capital investment in the oil and gas industry.Item Current Decisions on State and Federal Law in Planning and Zoning, Part I(Urban Lawyer, 2001) Kramer, Bruce M.The past year saw an increase in both state and federal planning and zoning cases with the number rising near 400 in state cases and over fifty for federal cases. There were also several Supreme Court decisions rendered that will have a direct or indirect impact on governmental regulation of land use, including Village of Willowbrook v. Oleeh. The federalization of land-use control as it affects the telecommunications industry was made apparent by the many cases arising under the Telecommunications Act, a trend seen in the past two years. In addition, there appears to be a growing number of "omnibus" constitutional challenges to zoning decisions based on regulatory taking, substantive or procedural due process, and equal protection grounds. In most cases, the author will report these "omnibus" attacks in the section that appeared to be the most important to the deciding court. This article follows the basic outline used in prior years. As in past years the author has intentionally omitted analyzing cases where the main issues are primarily parochial in nature.Item Current Decisions on State and Federal Law in Planning and Zoning, Part II(Urban Lawyer, 2001) Kramer, Bruce M.Professor Kramer continues with his survey of current decisions on state and federal law in planning and zoning. Part I can be found at 33 Urb. Law. 561 (2001).Item Development Agreements: To What Extent Are They Enforceable?(Real Estate Law Journal, 1981) Kramer, Bruce M.Under an innovative law recently enacted in California, which could be the precursor of similar legislation elsewhere, local governments may enter into development agreements with developers which prohibit the local legislative body from changing the land use restrictions on a parcel prior to the vesting of development rights. However, what if subsequent legislation is passed which impairs the development agreement? Is the developer protected under the impairment-of-contracts clause of the Constitution or can the local legislative body invoke the reserved powers doctrine which protects any valid exercise of the state's police power? To answer this question, Professor Kramer analyzes the leading cases on the contracts clause and the reserved powers doctrine. He also considers the applicability of judicial decisions involving the validity of contract zoning—situations where there is an agreement that purports to bind both the landowner and the local governmental agency—and conditional zoning—where the person seeking the development permission agreed unilaterally to do something but the governmental agency made no binding agreement.Item Economics, Technology, and the Clean Air Amendments of 1970: The First Six Years(Ecology Law Quarterly, 1976) Kramer, Bruce M.The 1970 Clean Air Act set a three year deadline for achieving primary ambient air quality standards which Congress designed to protect public health even at great economic cost. Yet it took more than five years simply to resolve in the courts the Environmental Protection Agency's limited responsibility to weigh the economic, technological, and social feasibility of the measures polluters must take to meet these standards. In this article, Professor Kramer outlines the legislative responsibility for balancing the competing interests involved in the Clean Air Act and then examines the overall policy balance struck by Congress. The bulk of this article considers the controversies raging over the balancing of economic, technological, and social feasibility factors in each of five programs under the Clean Air Act.Item The Implied Marketing Covenant in Oil and Gas Leases: Some Needed Changes For the 80's(Louisiana Law Review, 1986) Kramer, Bruce M.Following a period of governmental policies aimed at stimulating drilling and production in the mid to late 1970's, producers of natural gas experienced a prolonged downturn in demand which has continued to date. In 1984 it was estimated that the surplus of natural gas in the United States has now reached seven trillion cubic feet per year. This surplus represented about thirty percent of the nation's productive capacity. The forecast for 1986 reflects a deliverability surplus in excess of four trillion cubic feet. A natural effect of this current glut is that an increasing number of wells are being shut-in. On those wells not shut-in, producers find that they are often unable to market the permitted levels of production. In either situation, shut-in or marketing of only a percentage of production, lessors are unlikely to receive the royalty payments they expect. It is probable that the above-described scenario will precipitate an increase in litigation predicated on the lessee's duty to market natural gas which has been discovered on the leasehold. This article, anticipating such an increase, attempts to review the lessee's obligation under the implied covenant to market.Item Institute on Planning, Zoning and Eminent Domain: Chapter 5 Recent Developments in Land Use and Environmental Law: Revolution or Evolution?(Matthew Bender, 1988) Kramer, Bruce M.Professor Kramer has written Chapter 5 of the 1988 Proceedings of the Institute on Planning, Zoning, and Eminent Domain. This chapter discusses major judicial developments in 1987, a busy year in land use and environmental law.Item The Interaction Between the Common Law Implied Covenants to Prevent Drainage and Market and the Federal Oil and Gas Lease(Journal of Energy, Natural Resources, & Environmental Law, 1995) Kramer, Bruce M.This Article will review the historical development of implied covenants in oil and gas leases and discuss two principal covenants, the implied covenant to prevent drainage and the implied covenant to market. Thereafter, the Article will review the relevant statutes, regulations, administrative decisions, and judicial opinions that relate to the application of implied covenant law to federal and Indian oil and gas leases.Item Interpreting the Royalty Obligation by Looking at the Express Language: What a Novel Idea?(Texas Tech Law Review, 2004) Kramer, Bruce M.The role of this article is somewhat more limited than attempting to develop a grand, unifying theme for dealing with royalty interests. Instead, this article provides a brief historical perspective on the express language that has been used in the royalty clauses. In addition, this article discusses and analyzes some of the important terms found in many royalty clauses.Item The Law of Pooling and Unitization, 3d ed.(LexisNexis, 2009) Kramer, Bruce M.This treatise examines the laws and customs relating to the pooling and unitization of oil and gas properties; includes state statutes.Item Legal Aspects of Use and Development of Wildlife Resources on Private Lands: Colorado, Kansas, New Mexcio, Oklahoma, Texas(Great Plains Agricultural Council, 1982) Kramer, Bruce M.Professor Kramer prepared this publication for the Great Plains Agricultural Council. Professor Kramer discusses the ownership over wildlife resources, landowner liability for private recreational use, federal regulatory programs, and relevant regional statutes.Item Legal Strategies for Industrial Innovation: Section 8 State and Local Regulation of Innovation(Shepard's/McGraw-Hill, 1987) Kramer, Bruce M.Item Local Land Use Regulation of Extractive Industries: Evolving Judicial and Regulatory Approaches(UCLA Journal of Environmental Law and Policy, 1996) Kramer, Bruce M.Counties, long the weak sister of sub-state governmental units, are now being given the full panoply of police powers. Population trends show an increase in rur-urban development, bringing people into contact with existing mineral development. The ensuing conflicts are resolved at both the political and judicial levels. This paper will explore how these conflicts have been traditionally resolved and how they are being resolved in today's environment. Part I discusses the basic land use regulatory system, including early attempts at regulating mineral extractors. Part II analyzes how mineral operators have fared under the traditional zoning game-looking first at the rezoning process, then at the discretionary permit procedure, and finally at the specialized problems raised by the non-conforming use status given many existing mineral operations. Doctrines especially created for the mineral development, including the diminishing asset doctrine, are also discussed in Part II. Part III discusses the unique problems caused by local regulation of oil and gas development. Part IV analyzes the general problem of multi-layered regulation of mining operations. Mining operators must often receive development permission from both the state and a sub-state unit. Issues relating to preemption of sub-state powers by state statutory or regulatory authority are analyzed. Part V reviews several recent cases reflecting innovative legislative and judicial responses to resolving the conflicts between mineral users and their neighbors. Finally, Part VI reaches several conclusions about where the future lies in the local regulation of the mineral extraction industry.Item Modern Applications of the Rule Against Perpetuities to Oil and Gas Transactions: What the Duke of Norfolk Didn't Tell You(Natural Resources Journal, 1997) Kramer, Bruce M.The venerable Rule Against Perpetuities has been plaguing property lawyers for over 300 years. Oil and gas attorneys need to know the types of transactions which are covered by the Rule because as John Chipman Gray once said, the Rule is to be remorselessly applied to void interests which vest or fail to vest within a life in being plus twenty one years. The author gives the oil and gas attorney a short historical view of the development of the Rule, followed by the generally accepted reasons that underlie the Rule's long life. The author then analyzes the major types of transactions which have run into Rule difficulties. Finally, the author suggests that while a number of authorities have argued that the Rule should not apply to 'commercial' transactions, such as many oil and gas transactions, he concludes that the Rule should be applied in those situations where the purpose of the Rule in preventing remotely vesting interests from taking mineral estates out of the stream of commerce will be achieved.Item Oil and Gas Reporter: Cumulative Index and Tables for Volumes 1-91(Matthew Bender, 1988) Hemingway, Richard W.; Kramer, Bruce M.This 91 volume edition of the 1988 Oil and Gas Reporter contains a cumulative index, cases tables, and table of statutes and administrative rulings concerning oil and gas law. Professor Hemingway has compiled Volumes 1-58 of this publication while Professor Kramer has compiled Volumes 59-91.Item Property and Oil and Gas Don't Mix: The Mangling of Common Law Property Concepts(Washburn Law Journal, 1994) Kramer, Bruce M.Professor Kramer points out the property law roots of modern oil and gas law and how far afield oil and gas law has gone.