Fracking Patents: The Emergence of Patents as Information-Containment Tools in Shale Drilling

The advantages of new sources of energy must be weighed against environmental, health, and safety concerns related to new production technology. The rapid development of unconventional oil and gas fields, such as the Barnett and Marcellus Shales, provide an excellent context for these contrasting goals. Information about extraction hazards is an extremely important issue. In general, patents are viewed as a positive force in this regard, providing a vehicle for disseminating information in exchange for a limited property right over an invention. However, by limiting the evaluation of an invention by third parties, patents might also be used to control the creation of new information. Such control is more likely in situations where third-party use and assessment may produce information damaging to the patent owner. This Article explores the relationship between patents and information control in the context of natural gas extraction. Understanding the role of a patent as an information-control mechanism is critical to the safe employment of new technology. If patents substantially limit information creation or disclosure, government intervention may be necessary to permit non-patentee experimental use along with environmental, health, and safety testing. Before patent rights are encumbered, however, options that exist under current law should be considered

Pathways to social value and social change: An integrative review of the social entrepreneurship literature

Social entrepreneurship has emerged as an important means of addressing grand challenges. Although research on the topic has accelerated, scholars have yet to articulate an overarching framework that links the different pathways taken by social entrepreneurs with the positive effects of these efforts. To address this shortcoming, we conducted a systematic literature review which enabled us to conceptually differentiate between social value and social change as distinct outcomes of social entrepreneurship and identify seven pathways for achieving these outcomes. Building on our analysis, we outline a research agenda for questions pertaining to: the dynamics between social value and social change; how contextual factors and social entrepreneurs influence various pathways; design principles of business models and innovations that facilitate social value and social change; and defining, measuring, and ensuring countability for social value and social chang

Fracking Patents: The Emergence of Patents as Information-Containment Tools in Shale Drilling

The advantages of new sources of energy must be weighed against environmental, health, and safety concerns related to new production technology. The rapid development of unconventional oil and gas fields, such as the Barnett and Marcellus Shales, provide an excellent context for these contrasting goals. Information about extraction hazards is an extremely important issue. In general, patents are viewed as a positive force in this regard, providing a vehicle for disseminating information in exchange for a limited property right over an invention. However, by limiting the evaluation of an invention by third parties, patents might also be used to control the creation of new information. Such control is more likely in situations where third-party use and assessment may produce information damaging to the patent owner. This Article explores the relationship between patents and information control in the context of natural gas extraction. Understanding the role of a patent as an information-control mechanism is critical to the safe employment of new technology. If patents substantially limit information creation or disclosure, government intervention may be necessary to permit non-patentee experimental use along with environmental, health, and safety testing. Before patent rights are encumbered, however, options that exist under current law should be considered

Pathways to social value and social change : an integrative review of the social entrepreneurship literature

Social entrepreneurship has emerged as an important means of addressing grand challenges. Although research on the topic has accelerated, scholars have yet to articulate an overarching framework that links the different pathways taken by social entrepreneurs with the positive effects of these efforts. To address this shortcoming, we conducted a systematic literature review which enabled us to conceptually differentiate between social value and social change as distinct outcomes of social entrepreneurship and identify seven pathways for achieving these outcomes. Building on our analysis, we outline a research agenda for questions pertaining to: the dynamics between social value and social change; how contextual factors and social entrepreneurs influence various pathways; design principles of business models and innovations that facilitate social value and social change; and defining, measuring, and ensuring accountability for social value and social change

Energy Projects, Social Licence, Public Acceptance and Regulatory Systems in Canada: A White Paper

It has become increasingly difficult in Canada to gain and sustain public acceptance of energy projects. Increased levels of protest, combined with traditional media and social media coverage of opposition, combine to suggest decreased public acceptance of energy projects. Decision-makers have responded accordingly, and a variety of energy projects have either been delayed or put on hold indefinitely. This is true for both conventional and renewable energy projects and in many different regions across the country. A number of proposed energy projects have recently faced opposition from various stakeholder groups. For instance, the decision of the Joint Review Panel for the Northern Gateway Pipeline is being challenged in Canada’s court system. First Nations groups have issued an ultimatum to the Federal Government that it must choose between Site C (a proposed hydro dam) and liquefied natural gas development in B.C. Rapid expansion of wind energy projects in Ontario has engendered lengthy and costly appeals and the rise of an anti-wind social movement. In Nova Scotia, tidal energy development is being positioned as a new renewable energy option; gaining public acceptance is critical in light of recent opposition to wind energy development. As these experiences suggest, not only has the regulatory process become more contentious, but also an apparently new concept — social licence — has had popular appeal. This white paper reports on the results of a year-long interdisciplinary collaboration aimed at identifying and summarizing extant research regarding social licence and related concepts, with a particular emphasis on understanding its implications for public acceptance of energy projects in Canada, and their related regulatory processes. In particular, this research addressed the following questions: 1. What is the history and scope of the term ‘social licence’, both in the context of energy project development and more generally? What are the strengths and limitations of this term? How does it help or hinder energy policy, regulatory debates and decision-making? 2. What are the similarities and differences between the notion of social licence and established concepts and other concepts or frameworks? 3. From the standpoint of public acceptance of energy projects, is Canada’s regulatory system broken? From whose perspective? And what alternatives might be considered? 4. What are barriers to, and enablers of a licence within the regulatory process — legal, social or otherwise? 5. What role does social licence play in the larger picture: How valid is the concept of social licence? Can social licence actually stop a project, or determine the outcome of an election? Does it create a valuable dialogue about a project? When opposition to projects leads to the arrest of people breaching an injunction or violent confrontations, what role can social licence play in promoting an alternative approach? In addition to a comprehensive look at the concepts of public acceptance and social licence and their applications to Canada, this white paper arrives at certain conclusions (Section 5) and makes recommendations (Section 6) for improving Canada’s regulatory systems and improving public confidence in Canada’s various energy-related regulatory agencies. For instance, as the federal government embarks on its agenda to amend the regulatory process, the research presented here can inform how the government can best carry out its mandate of reform while balancing the economic, environmental, political, social, and security-related issues pertinent to regulators, federal and provincial governments, industry, First Nations, environmental groups and the general public. The appeal of the term “social licence” derives from the inclusivity and equitability that it seems to imply. But populist pressure for increased voice and regulatory or judicial intervention, arising out of a sense of disaffection or disenfranchisement, is hardly a novel phenomenon: historical context and the lessons learned therefrom are essential in evaluating the idea and situating the debate within a meaningful framework. Social licence entails an additional layer of ‘regulation’, albeit an amorphous one. A central lesson of the 20th century experience is that regulation comes at a cost, and that excessive regulation and intervention can lead to paralysis and ‘government failure’. The implication is that regulation should be relied upon where it is necessary, and should be implemented in sensible ways. One of the conclusions of this report is that public trust and confidence can be enhanced by rationalizing existing regulatory vehicles to reduce the common perception that decisions are sometimes politically motivated and ensuring that decisions are made at the right levels of government. The institutionalization of social licence also has identifiable risks. It is likely to increase incentives for “rent-seeking behaviour.” The threat of veto, or even obstruction, endows the affected group with leverage that can result in extraction of rents that are disproportionate to impacts. It also increases regulatory and political uncertainty associated with a given project, discouraging investment, or requiring returns higher than are merited by the inherent riskiness of the proposed undertaking. The term “social licence” needs to be further analyzed, and, if used, used with care. The concept originated in the mining sector as the “social licence to operate,” and as the concept has migrated to the energy sector, it appears to have broadened in scope so that its meaning has become unclear, amorphous and confusing. Other terms such as “acceptance,” “support” or “public confidence” may be more appropriate in the energy sphere. Regulators, policy-makers and politicians should refrain from the use of these terms without a clear understanding of their implications. Our specific recommendations include: 1. Governmental Coordination. Greater coordination of regulatory processes between the federal and provincial governments is required and should be directed towards enhancing beneficial outcomes for all affected stakeholders (Section 6.1). 2. Stakeholder Engagement. A consistent, transparent and rigorous system for identifying and reaching out to stakeholders is essential to regulatory efficiency and efficacy (Section 6.2). 3. Social Licence as a Concept. When it comes to energy development, the term “social licence” needs to be further analyzed, and, if used, used with care (Section 6.3). 4. First Nations. The federal and provincial governments should take ownership of this duty to consult and ensure that it is done in a comprehensive manner that has been set out by both domestic and international law (Section 6.4). 5. Changes to the NEB Act. An independent review of the changes to the NEB Act regarding time to consult and the list of those who can be consulted should be undertaken to ensure the NEB is unconstrained in its ability to regulate appropriately and has public confidence in its mandate and decisions (Section 6.5). 6. Make Broader Use of Information Gained during Assessment Processes. Energy regulators should consider mechanisms to report recurring concerns that are outside of the scope of their mandate (Section 6.6). 7. Compliance after Project Approval. There is a need for publicly available, timely and relevant data relating to the compliance and post-approval status of projects. Data should be placed on a government portal to increase accessibility to stakeholders (Section 6.7). 8. Cross-Examination in Regulatory Hearings. The extensiveness of permitted cross-examination, and indeed the entire regulatory proceeding, needs to be proportionate to the magnitude of the impacts of the ultimate decision (Section 6.8)

"Outroduction":A research agenda on collegiality in university settings

Collegiality is the modus operandi of universities. Collegiality is central to academic freedom and scientific quality. In this way, collegiality also contributes to the good functioning of universities’ contribution to society and democracy. In this concluding paper of the special issue on collegiality, we summarize the main findings and takeaways from our collective studies. We summarize the main challenges and contestations to collegiality and to universities, but also document lines of resistance, activation, and maintenance. We depict varieties of collegiality and conclude by emphasizing that future research needs to be based on an appreciation of this variation. We argue that it is essential to incorporate such a variation-sensitive perspective into discussions on academic freedom and scientific quality and highlight themes surfaced by the different studies that remain under-explored in extant literature: institutional trust, field-level studies of collegiality, and collegiality and communication. Finally, we offer some remarks on methodological and theoretical implications of this research and conclude by summarizing our research agenda in a list of themes

“Outroduction” : a research agenda on collegiality In university settings

Collegiality is the modus operandi of universities. Collegiality is central to academic freedom and scientific quality. In this way, collegiality also contributes to the good functioning of universities’ contribution to society and democracy. In this concluding paper of the special issue on collegiality, we summarize the main findings and takeaways from our collective studies. We summarize the main challenges and contestations to collegiality and to universities, but also document lines of resistance, activation, and maintenance. We depict varieties of collegiality and conclude by emphasizing that future research needs to be based on an appreciation of this variation. We argue that it is essential to incorporate such a variation-sensitive perspective into discussions on academic freedom and scientific quality and highlight themes surfaced by the different studies that remain under-explored in extant literature: institutional trust, field-level studies of collegiality, and collegiality and communication. Finally, we offer some remarks on methodological and theoretical implications of this research and conclude by summarizing our research agenda in a list of themes

Comparative Analysis of Hydraulic Fracturing Wastewater Practices in Unconventional Shale Development: Newspaper Coverage of Stakeholder Concerns and Social License to Operate

In this article we review prior literature regarding the concept of social license to operate, and related concepts, including corporate social responsibility, sustainable development, stakeholder management and cumulative effects. Informed by these concepts, we search for newspaper articles published in North American provinces and states where the Barnett, Duvernay, Marcellus and Montney shale plays are located. Using these data, we tabulate coverage of stakeholder concerns related to hydraulic fracturing and wastewater practices, and compare the extent to which these concerns vary over place and time. Our vocabulary analyses identify differences in the types and quantities of newspaper coverage devoted to concerns regarding hydraulic fracturing activities in general and wastewater practices in particular. We interpret these differences as suggesting that obtaining a social license to operate is likely not a one size fits all proposition. By understanding which stakeholder concerns are most salient in particular places and times, oil and gas operators and regulators can better tailor their strategies and policies to address local concerns. In other words, the findings from this study indicate that conventional understandings of risk as a technical or economic problem may not be adequate for dealing with unconventional resource challenges such as hydraulic fracturing. Operators and regulators may also need to manage social and cultural risks

WellWiki

Individual well, individual operator (drilling company), individual municipality/county. Currently, the site contains data on approximately 150,000 oil and gas wells in Pennsylvania. By the end of summer, we expect to cover over 500,000 oil and gas wells in Pennsylvania, West Virginia and Ohio. Eventually, we hope to provide data on all oil and gas wells ever drilled in North Amerca - an estimated 4 million wells since the Drake well in 1859

Procrustean transformations: Climategate, scientific controversies and hope

Introduction In November 2009, around 1,000 emails and 3,000 other documents were stolen from the Climatic Research Unit (CRU) at the University of East Anglia (UEA) and posted to the Internet.The files – some dating back to 1996 – disclosed “ the inner workings of a small network of climatologists ” (Revkin, 2009). According to the UEA, “the selective publication of some stolen emails and other papers taken out of context is mischievous and cannot be considered a genuine attempt to engage wi..