Sharing the Costs and Benefits of Energy and Resource Activity: Legal Change and Impact on Communities

by Lila Barrera-Hernandez, Barry Barton, Lee Godden, Alastair Lucas, Anita Ronne

Overview

A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries.

This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.

Product Details

ISBN-13:	9780198767954
Publisher:	Oxford University Press
Publication date:	05/30/2016
Pages:	480
Product dimensions:	6.40(w) x 9.30(h) x 1.30(d)

About the Author

Lila Barrera-Hernandez, Adjunct Assistant Professor of Law, University of Calgary,Barry Barton, Professor, School of Law, University of Waikato,Lee Godden, Professor of Law, Melbourne Law School, The University of Melbourne,Alastair Lucas, Professor of Law and Adjunct Professor of Environmental Science, University of Calgary,Anita Ronne, Associate Professor in Energy Law, Faculty of Law, University of Copenhagen

Lila Barrera-Hernandez is an international development consultant and Adjunct Associate Professor at the University of Calgary, Canada.

Barry Barton is Professor of Law and Director of the Centre for Environmental, Resources and Energy Law at the University of Waikato, New Zealand.

Lee Godden is Director of the Centre for Resources, Energy and Environmental Law at the University of Melbourne, Australia

Alastair Lucas is Professor of Law at the University of Calgary, Canada.

Anita Ronne is Associate Professor in Energy Law at the University of Copenhagen and Chair of the Danish Energy Law Society, Denmark.

Table of Contents

1. Introduction: Sharing Costs and Benefits of Energy and Resource Activity, Lila Barrera-Hernandez, Barry Barton, Lee Godden, Alastair Lucas and Anita RonnePart I: Themes and Legal Frameworks2. Community and Sharing, Barry Barton and Michael Goldsmith3. Regional and Local Energy Communities - A European Union perspective on community benefits, Inigo del Guayo4. Shared International Responsibility for Transboundary Harm Arising from Energy Activities, Catherine Redgwell5. Indigenous Peoples and Free, Prior and Informed Consent in Latin America, Lila Barrera-Hernandez6. Corporate Social Responsibility in the Mining Industries of Namibia, South Africa and Zambia: Choices and Consequences, Hanri Mostert, Kangwa-Musole Chisanga, Janine Howard, Fatima Mandhu, Meyer van den Berg, and Cheri-Leigh Young7. Social License to Operate in the Unconventional Oil & Gas Development Sector: The Colorado Experience, Don SmithPart II: Legal Measures and Mechanisms to Distribute Costs and Benefits8. Agreements with Indigenous Communities:The Native Title Act in Australia, Lee Carol Godden and Lily O'Neill9. Community Benefit Agreements for Wind Farm Siting in Context, LeRoy Paddock and Max Greenblum10. Opposition to wind farms and the possible responses of the legal system, Anita Ronne11. The Position of Citizens in Energy Production in the Netherlands: Is a New Approach Emerging?, Martha Roggenkamp12. Liability for Oil Spills from Oil and Gas Operations in Canada's Arctic Waters, Nigel Bankes and Astrid Kalkbrenner13. Broadening Community and Regional Benefits from Energy Development through Environmental Restoration Funds, Nonye Opara14. Social and Environmental Liability of Private Companies in the Energy Sector and the Mexican Energy Reform, Jose Juan Gonzalez Marquez15. Resource Control and Benefit Sharing in Nigeria, Yinka Omorogbe16. Oil and Natural Gas Royalties and Social Development in Brazil, Yanko Marcius de Alencar Xavier and Anderson Souza da Silva LanzilloPart III: Participatory Rights and Public Engagement17. Community Benefit through Community Ownership of Renewable Generation in Scotland: Power to the People?, Aileen McHarg18. Enabling the crowdfunding of energy projects: the regulation of small scale community financing in Europe, Catherine Banet19. Participatory Rights and Strategic Litigation: Benefits Forcing and Endowment Protection in Canadian Natural Resource Development, Alastair R. Lucas20. Participation of Territorial Authorities in Mining Activities in Colombia, Milton Montoya21. Legal Regulation of NIMBY Conflict in China, Wang Mingyuan and Li Bin22. Public Participation in Indian Environmental Law, Lavanya Rajamani and Shibani Ghosh23. Small Towns, Big Projects, Donald N. Zillman, Simon Beirne, and Elizabeth Elsbach24. Conclusion