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- Michigan Journal of Environmental & Administrative Law (3)
- The Promise and Peril of Oil Shale Development (February 5) (3)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (2)
- All Faculty Scholarship (1)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
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- Faculty Articles and Other Publications (1)
- Faculty Scholarship (1)
- Michigan Law Review (1)
- Michigan Technology Law Review (1)
- Nicolas A. McTyre (1)
- Other Publications (1)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (1)
- Publications (1)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (1)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (1)
- William & Mary Law Review (1)
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Articles 1 - 21 of 21
Full-Text Articles in Law
Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria
Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria
Michigan Journal of Environmental & Administrative Law
This paper examines, enunciates, and makes explicit a set of market principles historically relied upon by the Federal Energy Regulatory Commission (FERC) to regulate wholesale electricity markets as required under the Federal Power Act (FPA). These identified competitive market principles are supported by policy and legal foundations that run through a myriad of FERC orders and court decisions. This paper seeks to make that history and those implicit market principles explicit by distilling and organizing Commission Orders and court decisions. It concludes that five market principles, each with multiple subprinciples, can be identified as elemental to how FERC understands and …
Greening The Old New Deal: Strengthening Rural Electric Cooperative Supports And Oversight To Combat Climate Change, Gabriel Pacyniak
Greening The Old New Deal: Strengthening Rural Electric Cooperative Supports And Oversight To Combat Climate Change, Gabriel Pacyniak
Faculty Scholarship
New Deal cooperatives succeeded in electrifying rural America when for-profit utilities would not. Today, however, rural electric cooperatives are lagging behind when it comes to meeting the challenge of climate change. Cooperatives have collectively been slower to embrace the shift to low-carbon electricity than for-profit and municipal utilities and have served as a drag on state and federal clean energy and climate policies. This is partially because of the structural differences between cooperatives and other utilities, but also because of a weak and under-determined federal and state regulatory structure. A few cooperatives in Colorado and New Mexico are seeking to …
Microgrids For Micro-Communities: Reducing The Energy Burden In Rural Areas, Julie C. Michalski
Microgrids For Micro-Communities: Reducing The Energy Burden In Rural Areas, Julie C. Michalski
Michigan Technology Law Review
Rural communities currently face some of the highest energy costs and lowest reliability in the country, due in part to long transmission distances and low population densities. The North American Supergrid (“NAS”) has been proposed as a solution for increased grid stability, resiliency, and renewable generation with decreased carbon emissions and energy cost across the lower 48 states. Although the NAS could help with these energy goals, it is likely that benefits of the NAS would bypass many rural or isolated communities outside of the transmission step-down points. As the NAS will not help rural communities, states can take regulatory …
Grasping For Energy Democracy, Shelley Welton
Grasping For Energy Democracy, Shelley Welton
All Faculty Scholarship
Until recently, energy law has attracted relatively little citizen participation. Instead, Americans have preferred to leave matters of energy governance to expert bureaucrats. But the imperative to respond to climate change presents energy regulators with difficult choices over what our future energy sources should be, and how quickly we should transition to them—choices that are outside traditional regulatory expertise. For example, there are currently robust nationwide debates over what role new nuclear power plants and hydraulically fractured natural gas should play in our energy mix, and over how to maintain affordable energy for all while rewarding those who choose to …
Energy Deference, Sharon B. Jacobs
Energy Deference, Sharon B. Jacobs
Publications
Electricity law is complex, and the Supreme Court knows it. Lawyers are familiar with the adage that generalist courts tend to defer to agency decisions where the subject matter is complex or technical. But what features of a case make the Court more or less likely to defer to the agency's judgment? And how exactly do deference regimes work in the presence of complexity? This essay offers insights gleaned from Court's opinion in Federal Energy Regulatory Commission v. Electric Power Supply Ass’n (“EPSA”). It explains, first, that Courts are highly deferential in energy cases due to both the complexity of …
Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans
Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans
Michigan Law Review
Congress broadly authorized the Federal Energy Regulatory Commission (“FERC”) to protect consumers of electricity from all forms of manipulation in the electricity markets, but the regulations that FERC passed are not nearly so expansive. As written, FERC’s Anti-Manipulation Rule covers only instances of manipulation involving fraud. This narrow scope is problematic, however, because electricity markets can also be manipulated by nonfraudulent activity. Thus, in order to reach all forms of manipulation, FERC is forced to interpret and apply its Anti-Manipulation Rule in ways that strain the plain language and accepted understanding of the rule and therefore constitute an improper extension …
Ferc's Order No. 1000 From A Historical Perspective: Restructuring And Reorganization Of Electric Transmission Markets From 1996 Until Present, Nicolas A. Mctyre
Ferc's Order No. 1000 From A Historical Perspective: Restructuring And Reorganization Of Electric Transmission Markets From 1996 Until Present, Nicolas A. Mctyre
Nicolas A. McTyre
No abstract provided.
The Constitutionality Of California's Cap-And-Trade Program And Recommendations For Design Of Future State Programs, Thomas Alcorn
The Constitutionality Of California's Cap-And-Trade Program And Recommendations For Design Of Future State Programs, Thomas Alcorn
Michigan Journal of Environmental & Administrative Law
Global climate change has emerged as one of the greatest challenges of our time. While action has stalled on the national stage, states have started to take action to reduce their greenhouse gas emissions. Confronted with the risk of severe impacts that could cost it tens of billions of dollars annually by the end of the century, California has taken the lead and developed the first comprehensive cap-and-trade program in the nation and seeks to achieve significant reductions in the greenhouse gas emissions associated with its economy. The success of California’s program will determine whether other states and the federal …
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Other Publications
Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable future for …
Roles For State Energy Regulators In Climate Change Mitigation , Brandon Hofmeister
Roles For State Energy Regulators In Climate Change Mitigation , Brandon Hofmeister
Michigan Journal of Environmental & Administrative Law
The construction of new power plants in the United States carries the risk of significantly contributing to global climate change. After concluding that the current federal regulatory response to climate change risks from power plants is inadequate, this Article examines three potential roles for state energy regulators to play as a bridge climate mitigation strategy until a cohesive federal policy is enacted. State energy regulators have received relatively little attention as potential climate change regulators, but they are well positioned to analyze and mitigate climate change risks from new power plants. The Article considers the advantages and drawbacks of state …
Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran
Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Mary Bloomstran, Edge Environmental
19 slides
Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak
Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Dr. Jeremy Boak, Center for Oil Shale Technology & Research, Colorado School of Mines
43 slides
Slides: Energy Development Water Needs Assessment And Water Supply Alternatives And Analysis, Benjamin Harding
Slides: Energy Development Water Needs Assessment And Water Supply Alternatives And Analysis, Benjamin Harding
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Benjamin Harding, Principal Engineer, AMEC Earth and Environmental
15 slides
Slides: The Elusive Bonanza, Randy Udall
Slides: The Elusive Bonanza, Randy Udall
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Randy Udall, Co-founder, Association for the Study of Peak Oil-USA
62 slides
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona
37 slides
Slides: Energy Production And The West's Wild Places, Amy Mall
Slides: Energy Production And The West's Wild Places, Amy Mall
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council
28 slides
Rethinking Reform Of Electricity Markets, Joseph P. Tomain
Rethinking Reform Of Electricity Markets, Joseph P. Tomain
Faculty Articles and Other Publications
Rethinking Reform starts with a thought experiment about the complete deregulation of electricity markets. The article goes on to discuss how the traditional model of utility regulation has served its useful purpose and must be replaced. The two recommendations made in the article include the use of marginal cost pricing and an array of smart energy technologies to create a better and more efficient energy policy.
Dams: Their Costs And Benefits, Daniel F. Luecke
Dams: Their Costs And Benefits, Daniel F. Luecke
Dams: Water and Power in the New West (Summer Conference, June 2-4)
13 pages (includes illustrations).
Contains 3 pages of references.
Coming To Grips With Growth In The West: Traditional Communities, Free Rivers, And The New Megalopolises, Charles Wilkinson
Coming To Grips With Growth In The West: Traditional Communities, Free Rivers, And The New Megalopolises, Charles Wilkinson
Dams: Water and Power in the New West (Summer Conference, June 2-4)
25 pages.
Contains 2 pages of references.
Air Protection And Energy Usage, Han Chen Wang
Air Protection And Energy Usage, Han Chen Wang
Proceedings of the Sino-American Conference on Environmental Law (August 16)
6 pages.
Regulation Of Electric Utilities By The State Corporation Commission, Evans B. Brasfield
Regulation Of Electric Utilities By The State Corporation Commission, Evans B. Brasfield
William & Mary Law Review
No abstract provided.