|
(詳細はUnited States Department of Energy. Every state, the Federal government, and the District of Columbia collect some motor vehicle excise taxes.〔(Motor Fuel Excise Tax Rates as of January 1, 2008 from the Federation of Tax Administrators website ). Retrieved February 24, 2009. 〕 Specifically, these are excise taxes on gasoline, diesel fuel, and gasohol.〔 While many western states rely a great deal on severance taxes on oil, gas, and mineral production for revenue, most states get a relatively small amount of their revenue from such sources.〔(2007 State Tax Collection by Source from the Federation of Tax Administrators website ). Retrieved February 24, 2009.〕 The practice of energy law has been the domain of law firms working on behalf of utility companies, rather than legal scholars or other legal actors (such as private lawyers and paralegals),〔(Energy Law Wisconsin website ). Retrieved August 6, 2008.〕〔(Mahaffey Gore law firm website ). Retrieved August 6, 2008.〕〔(LawInfo.com website ). Retrieved August 21, 2008.〕 especially in Texas,〔(Google Search for "Texas energy law" ). Retrieved August 21, 2008.〕 but this is changing.〔(The Institute for Energy Law official website About page ). Retrieved August 6, 2008.〕 Some officials from energy agencies may take jobs in the utilities or other companies they regulate, such as the former FERC chairman did in 2008.〔"Former FERC Chairman Joins Husch Blackwell Sanders", August 4, 2008, found at (Marketwatch story ). Retrieved August 21, 2008.〕 The American Bar Association (ABA) has a ''Section of Environment, Energy, and Resources'', which is a "forum for lawyers working in areas related to environmental law, natural resources law, and energy law."〔(Section of Environment, Energy, and Resources of the American Bar Association website ). Retrieved August 22, 2008.〕 The Section houses several substantive committees on environmental and energy law that release current information on topics of interest to practitioners and news of committee activities.〔http://www.americanbar.org/groups/environment_energy_resources/committees.html〕 The ABA recognized 'environmental and energy law' as one of the practice areas where legal work may be found in 2009.〔Deborah L. Cohen and Julie Kay, "Where the Work IS," ''ABA Journal'', August 2009, pp. 58-61, at 59.〕 ==Common law== Under the common law, persons who owned real property owned "from the depths to the heavens".〔Thomas Merrill, ''Establishing Ownership: First Possession versus Accession,'' p. 14, fn. 22-23, Law and Economics Workshop (University of California, Berkeley 2007 Paper 3), found at (CDLib website ). Retrieved September 17, 2008.〕〔Written as ''cjus est solum, ejus est usque ad coelum et ad inferos.'' This has been translated as “To whomever the soil belongs, he owns also to the sky and the depths.” Black’s Law Dictionary (6th ed. 1990). From Merrill, fn. 22, ''q.v.''.〕 Therefore, real estate traditionally has included all rights to water, oil, gas, and other minerals underground.〔 The United States Supreme Court has held that as far as air rights, "this doctrine has no place in the modern world,"〔''United States v. Causby,'' 328 U.S. 256, 261 (1942), see . From Merrill, fn. 23, ''q.v.''.〕〔(The Straight Dope website ). Retrieved September 17, 2008.〕 but it remains as a source of law to this day, or "fundamental to property rights in land."〔 An easement or license to drill for oil, gas, or minerals generally runs with the land, and thus is an appurtenant easement. However, a utility easement generally runs with the owner of the easement, rather than running with the land, and as such, is an example of an easement in gross. The West digest system, used in WestLaw, has allocated several topics in energy law: * 114 – Customs duties * 145 – Electricity * 190 – Gas * 371 – Taxation. There are many library research resources available about American oil and gas law.〔"OIL AND GAS LAW: A Selective Research Guide," from the (Cooley Law School website ). Retrieved July 28, 2010.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「United States energy law」の詳細全文を読む スポンサード リンク
|