Quarterly Publication

Document Type : Original Article

Authors

1 PhD student in Law, Law Department, Allameh Tabataba’i University, Tehran, Iran

2 Associate Professor, Private Law Department, Allameh Tabataba’i University, Tehran, Iran

3 Associate Professor, Department of Energy Economics, Faculty of Economics, Allameh Tabataba’i University, Tehran, Iran

Abstract

The purpose of this study is to compare the stringency of and compliance with environmental requirements in the upstream sector of oil and gas in law of Iran and the USA. This study is conducted using the mixed entanglement method (qualitative–quantitative). In the qualitative part, library studies are used. In the quantitative part, the studied society is a group of six professionals in the field of oil and gas, who filled out a questionnaire consisted of 34 questions prepared by the Worley Parsons[1] in a similar research approved by the jurisdictions of 10 countries. The questions are prepared by a team of experts with international experience. The components of stringency of and compliance with law during the phases of approval, operation, and closure of a hydrocarbon project are studied using the Delphi method. At the level of stringency, the environmental assessment in the US is carried out with human resources and costs 10 and 26 times more than those in Iran. The US, with 13 scores, is more stringent than Iran with 5 scores. In the project closure phase, Iran does not impose any obligations for rehabilitation and restoration. At the level of compliance, the construction environmental management plan (CEMP) is mandatory in both countries. In Iran, the list of violations and their consequences will not be published. The US regulatory mechanisms of restoration are an appropriate model. On the whole, Iran gains 29 scores, and the United States obtains 42 scores. The recommendations are based on these two scores.



[1]https://www.medicinehat.ca/home/showdocument?id=11659

Keywords

Main Subjects

Abdollahi, M., & Marefi, S. (2010). The Principle of Shared but Different Responsibility in International Environmental Law (No. 29), Law Research.

Allahyan, Z., Lahijanian, A., & Haghighat, F. (2010). Human and Environment, Evaluation of Environmental Indicators' Performance Indicators in Achieving Environmental Sustainability (Vol. 8, No. 4), Journal of Human and Environment.

Amani, M., & Ismaili, M. (2014). International Oil Contract Law (2nd ed.). Imam Sadegh University Press.

American Petroleum Institute (API). (2016). Retrieved from https://www.api.org

Asgharian, M. (2012). Oil and Gas Law in the USA. Oil and Gas Lease Contracts (pp. 13).

Dabiri, F., & Kiani, M. (2007). Investigation of Preventive Laws and Regulations Including Environmental Impact Assessment in Iran and Several Industrial Countries (Vol. 9, No. 4). Environmental Science and Technology.

Darabi Nia, M., Foroughinia, H., & Naghavi Mermati, M. (2013). Jurisdictional Principles of Investigation of Environmental Crimes Due to Oil Pollution by The International Criminal Court (No. 4).

Ebrahimi S. N., & Shirijian, M. (2014). Upstream Oil and Gas Contracts of the Islamic Republic of Iran and Explaining the Legal Implications and Requirements of New Contracts (Vol. 10, No. 2). Iranian Energy Economics.

Ebrahimi, S. N., Montazer, M., & Massoudi, F. (2014). Legal Principles Governing Upstream Service Contracts in the Iranian Oil and Gas Industry (Vol. 3, No. 12). Iranian Journal of Energy Economics.

Edwards, J. D. (1997). Crude Oil and Alternate Energy Production Forecasts for the Twenty-first Century: The end of The Hydrocarbon era (Vol. 81, pp. 1292–1305). AAPG Bulletin.

Ghandi. A., & Lin, C.Y.C. (2013). Oil and Gas Service Contracts around the World: A Review. http://clinlawell.dyson.cornell.edu/service_contracts_review_paper.pdf

Iranpour, F. (2014). Legal Analysis of Petroleum Contracts (1st ed.). New Publications Publishers.

Jamali, H.R. (2010). International Environment and the Common Heritage of Humanity (No. 4). Political and International Research.

Johnston, D. (1994). International Petroleum Fiscal Systems and Production Sharing Contracts (pp. 1).

"Mutual Contracts, Legal Principles and Financial Regulations Governing it" (No. 13) (2016). Journal of Industry Achievement. https://bit.ly/3mHoy0n

Kharaka, Y.K., & Hanor, J.S. (2003). Deep fluids in the continents: I. Sedimentary basins (Vol. 5, pp. 499). Elsevier.
https://doi.org/10.1016/B0-08-043751-6/05085-4

Khatam Goya, H.R., & Sabouri Pour, M. (2015). A Comparative Study of Air Pollution Crimes in Iranian and US Federal Laws. https://civilica.com/doc/502819/

Khosh Maneshzadeh, B., Monavari, S.M., & Dabiri, F. (2012). Comparative Study of Legal System of Strategic Environmental Assessment (SEA) in Different Countries of the World and Comparison with Iran (Vol. 2, Issue 4). Environmental Science and Technology.

Parker, H. D. & Pitt, G. D. (1987). Pollution Control Instrumentation for Oil and Effluents (1st publish). ISBN-13:978-94-010-7951-8

Saber, M.R. (2013). Cross-section: In the Upper Section of Oil and Gas (2nd ed.). Justice Publishing.

Sajjadi, J., Yarmaradi, K., Kanuni, R., & Heydari, M. (2017). The Role of Good Governance in Improving the Quality of Urban Environment from the Perspective of Residents, Case Study: Bagh Ferdows Neighborhood of One City of Tehran (Vol. 1, No. 1). Journal of Urban Ecology Research.

Schenau, S. (2018). Environmental Activity Accounts: EPEA and EGSS. Retrieved August 1, 2020 from https://bit.ly/2FTW8iJ  (pp. 5).

US Environmental Protection Agency (EPA) Official Website (2017). Retrieved from www.epa.gov

An International Comparison of Leading Oil and Gas Producing Regions Report commissioned by The Canadian Association of Petroleum Producers (2014). Worley Parsons.

Zamani, Q. (2002). Development of International Responsibility in the Light of International Environmental Law (Vol. 1, No. 1). Journal of Legal Research.