Dissertation/ Thesis

Rights, Benefits, and Access to the Subsurface: Legal Processes and the Making of Oil and Gas Resources

التفاصيل البيبلوغرافية
العنوان: Rights, Benefits, and Access to the Subsurface: Legal Processes and the Making of Oil and Gas Resources
المؤلفون: Murphy, Trey Daniel-Aaron
المساهمون: College of Arts and Sciences, Department of Geography, Havice, Elizabeth, Valdivia, Gabriela, Kirsch, Scott, Fry, Matthew, Monast, Jonas J
بيانات النشر: University of North Carolina at Chapel Hill Graduate School
سنة النشر: 2022
مصطلحات موضوعية: Split Estate, Resource Making, Subsurface Property, Geography, Legal Processes, Ethnography, Resource Contract, droit, geo
الوصف: Subsurface oil and gas resources are materially buried thousands of feet underground, have indeterminate characteristics prior to extraction, are mobile within the subsurface, and are economically valuable. These characteristics make claiming resources difficult. Therefore, stakeholders often engage each other in legal debate to determine who can claim oil and gas, access the resource, or benefit from its production. I examine the legal processes that mediate rights and access to subsurface oil and gas resources in historical and contemporary North American contexts. I argue that stakeholders use legal processes to determine what the subsurface resource was, is, or could be; communicate stakeholder interests in the oil and gas resource; and grant legal rights to subsurface resources. I develop this argument across three case studies centered in Texas and Mexico. In the first case, I examine a 6.3-million-acre collection of lands in Texas where the state government owns the subsurface but not the surface. Using archival methods, I reconstruct the legal history of these properties and reveal how stakeholders used legal processes to account for their interests through property relations. In the second case, I explore how subsurface property is legally debated when novel forms of oil and gas drilling open opportunities for resource production. Using archival data related to the 2008 Texas Supreme Court case Coastal v. Garza, I discover that litigants deployed legal argumentation to establish what the resource was, is, or could be. Then, they mobilized that resource to make claims to resources. In the third case, I investigate contracts and how they facilitate private firm access to state-owned subsurface resources in a Mexican natural gas basin. I argue that contracts serve the interests of the state and contract winners. The dissertation illuminates three insights to guide future resource scholarship by 1) situating law relative to the resource, 2) highlighting the complexity of subsurface property, and 3) .
نوع الوثيقة: thesis
اللغة: English
Relation: https://doi.org/10.17615/gxtk-fj93
DOI: 10.17615/gxtk-fj93
الاتاحة: https://doi.org/10.17615/gxtk-fj93
Rights: undefined
رقم الانضمام: edsbas.6D3FC8E
قاعدة البيانات: BASE