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Energy and Utilities Law

Journal

2011

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Articles 1 - 30 of 49

Full-Text Articles in Law

Adaptive Mitigation In The Electric Power Sector, Lesley K. Mcallister Dec 2011

Adaptive Mitigation In The Electric Power Sector, Lesley K. Mcallister

BYU Law Review

No abstract provided.


Beyond Fukushima: Disasters, Nuclear Energy, And Energy Law, Lincoln L. Davies Dec 2011

Beyond Fukushima: Disasters, Nuclear Energy, And Energy Law, Lincoln L. Davies

BYU Law Review

No abstract provided.


Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White Dec 2011

Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White

Washington Journal of Environmental Law & Policy

This article rebuts certain assertions made by Mr. Thomas Schlosser in a recent article entitled Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements. The Klamath hydroelectric dams are not causing degrading fish disease conditions in the Klamath Basin. Dewatering Trust Responsibility overlooks the effects of water diversions for agriculture, pollution from pesticides and industrial operations and habitat degradation from timbering, ranching and other human activities on current Basin conditions. Under the Klamath Hydroelectric Settlement Agreement and the Federal Energy Regulatory Commission license, PacifiCorp is taking extensive measures to protect aquatic resources in the Basin prior to …


Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller Dec 2011

Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller

William & Mary Environmental Law and Policy Review

There is wide agreement across the political spectrum that the United States should develop domestic, renewable sources of energy. There are many ways to describe the challenges of a transition from a fossil fuel economy to one fueled by atoms, the sun, or the wind, but in a nutshell, the problem is said to be cost: the basic reason the United States continues overwhelmingly to rely on fossil fuels is that they are comparatively cheap, and alternative energy is relatively expensive.

Or so it seems. This Article is intended to encourage more open discussion about real energy costs. To keep …


Regulation, "Republican Moments," And Energy Policy Reform, David B. Spence Dec 2011

Regulation, "Republican Moments," And Energy Policy Reform, David B. Spence

BYU Law Review

No abstract provided.


The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham Dec 2011

The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham

William & Mary Environmental Law and Policy Review

This Article first discusses the technological issues surrounding the BP Deepwater Horizon and summarizes how regulator and industry reliance on an inadequate fail-safe device played a crucial role in this disaster. Next, I discuss the fundamentals of carbon capture and sequestration, hydraulic fracturing, and geoengineering; that is, I attempt to capture what they involve, followed by the environmental and human health risks they present. I then summarize the current or proposed regulation of these technologies and analyze whether those regulations are sufficient to adequately protect human health and the environment. I conclude with recommendations for policymakers and regulators to consider …


The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong Dec 2011

The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong

William & Mary Environmental Law and Policy Review

No abstract provided.


India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan Dec 2011

India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan

William & Mary Environmental Law and Policy Review

No abstract provided.


Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz Oct 2011

Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz

Buffalo Environmental Law Journal

The Marcellus Shale natural gas play is largely considered a "game changer" for the US. energy sector as recent technological breakthroughs in drilling techniques and technologies have made natural gas extraction from this massive play commercially viable. This note not only examines the primary driving forces behind the development of this pla, but also how the extent and pace iwith ihich it is developed will affect doinstream energy markets. In particular three categories of factors are evaluated: legal challenges, regulatory controls, and infrastructure development. Tiwo models of growth and their effect on downstream markets are then proposed and analyzed.


Where Are They Now? A Look At The Effectiveness Of Rps Policies , Melanie Grant Sep 2011

Where Are They Now? A Look At The Effectiveness Of Rps Policies , Melanie Grant

BYU Law Review

No abstract provided.


Renewable Energy Integration Costs: Who Pays And How Much?, Paul Vercruyssen Jul 2011

Renewable Energy Integration Costs: Who Pays And How Much?, Paul Vercruyssen

Washington Journal of Environmental Law & Policy

Over the past decade major public policy concerns over the environment, national security, the economy, and climate change have converged, creating significant pressure to reform America’s energy system. The result has been a tremendous increase in the use of renewable energy sources with growth only expected to accelerate. This new development represents a radical shift for a nation whose electricity system was built to run on fossil fuels and hydroelectric dams. The electricity grid is a complex interconnected system requiring constant balancing of supply and demand. Using new intermittent technologies like solar and wind requires changes in grid management to …


Rough Seas For Renewable Energy: Addressing Regulatory Overlap For Hydrokinetic Projects On The Outer Continental Shelf, Amanda Righi Jul 2011

Rough Seas For Renewable Energy: Addressing Regulatory Overlap For Hydrokinetic Projects On The Outer Continental Shelf, Amanda Righi

Washington Journal of Environmental Law & Policy

Hydrokinetic energy harnesses the power of the oceans and generates renewable energy with a low carbon footprint. Because wave and tidal energy projects have not yet been initiated for the Outer Continental Shelf (OCS) and scientific knowledge of the effects on the ocean environment is uncertain, analysis under the National Environmental Policy Act is particularly important. However, overlapping jurisdiction on the OCS creates an inhospitable regulatory environment for hydrokinetic energy developers and marine ecosystem protection. This comment will analyze these overlapping and duplicative regulations and will make recommendations to streamline the environmental review process. Programmatic environmental impact statements, adaptive management …


Maintaing A Balance: Innovation In Power System Balancing Authorities, Malcolm Mclellan, Carol Opatrny Jul 2011

Maintaing A Balance: Innovation In Power System Balancing Authorities, Malcolm Mclellan, Carol Opatrny

Washington Journal of Environmental Law & Policy

The introduction of new power generation, including intermittent resources, into the North American electric grid is exposing the fact that the traditional approach to resource integration is not necessarily cost-effective. At the forefront of analysis is the electric balancing authority; the functional structure that is responsible for maintaining the continuous balance of the demand for and supply of electric power. Electric balancing authorities perform this function according to standards developed by the North American Electric Reliability Corporation and the Federal Energy Regulatory Commission. These services can significantly affect the cost of power. Rather than blindly purchasing balancing services from the …


A Shift In The Wind: The Siting Of Wind Power Projects On Public Lands In The Obama Era, Eric S. Spengle Jul 2011

A Shift In The Wind: The Siting Of Wind Power Projects On Public Lands In The Obama Era, Eric S. Spengle

Indiana Law Journal

No abstract provided.


"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler Jun 2011

"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler

Legislation and Policy Brief

Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …


Unanswered Questions From The Vaccine Injury Compensation Program: A Review Of Compensated Cases Of Vaccine-Induced Brain Injury, Mary Holland, Louis Conte, Robert Krakow, Lisa Colin May 2011

Unanswered Questions From The Vaccine Injury Compensation Program: A Review Of Compensated Cases Of Vaccine-Induced Brain Injury, Mary Holland, Louis Conte, Robert Krakow, Lisa Colin

Pace Environmental Law Review

No abstract provided.


The Smart Grid: A Smart Solution To A Complicated Problem, Alison C. Graab May 2011

The Smart Grid: A Smart Solution To A Complicated Problem, Alison C. Graab

William & Mary Law Review

No abstract provided.


Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee Apr 2011

Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee

West Virginia Law Review

No abstract provided.


New Froniter In Urban Greenhouse Gas Emissions Regulation: Overview Of California's Senate Bill 375, Kira Hettinger Mar 2011

New Froniter In Urban Greenhouse Gas Emissions Regulation: Overview Of California's Senate Bill 375, Kira Hettinger

Sustainable Development Law & Policy

No abstract provided.


Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra Mar 2011

Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra

Sustainable Development Law & Policy

No abstract provided.


Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances, Bethany Brown Mar 2011

Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances, Bethany Brown

Sustainable Development Law & Policy

No abstract provided.


Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow Mar 2011

Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow

Sustainable Development Law & Policy

No abstract provided.


A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar Mar 2011

A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar

Sustainable Development Law & Policy

No abstract provided.


Standing On Their Own: The Parallel Rights Of Young People To Participate In Planning Process Es And Defend Those Rights, Dawn Jourdan Mar 2011

Standing On Their Own: The Parallel Rights Of Young People To Participate In Planning Process Es And Defend Those Rights, Dawn Jourdan

Sustainable Development Law & Policy

No abstract provided.


Resource Recovery And Materials Flow In The City: Zero Waste And Sustainable Consumption As Paradigms In Urban Development, Steffen Lehmann Mar 2011

Resource Recovery And Materials Flow In The City: Zero Waste And Sustainable Consumption As Paradigms In Urban Development, Steffen Lehmann

Sustainable Development Law & Policy

No abstract provided.


Stimulating The Future Of Superfund: Why The American Recovery And Reinvestment Act Calls For A Reinstatementof The Superfund Tax To Polluted Sites In Urban Environments, Braunson Virjee Mar 2011

Stimulating The Future Of Superfund: Why The American Recovery And Reinvestment Act Calls For A Reinstatementof The Superfund Tax To Polluted Sites In Urban Environments, Braunson Virjee

Sustainable Development Law & Policy

No abstract provided.


How The Cercla Notification Requirements Facilitate The Creation Of Brownfields And What Epa Can Do To Address This Problem, Larry Schnapf Mar 2011

How The Cercla Notification Requirements Facilitate The Creation Of Brownfields And What Epa Can Do To Address This Problem, Larry Schnapf

Sustainable Development Law & Policy

No abstract provided.


Time-Of-Use Pricing Could Help China Manage Demand, Emmett Pepper Mar 2011

Time-Of-Use Pricing Could Help China Manage Demand, Emmett Pepper

Sustainable Development Law & Policy

No abstract provided.


Urban Development: A Viable Option After Rio 2012?, Andrea Martinez Mar 2011

Urban Development: A Viable Option After Rio 2012?, Andrea Martinez

Sustainable Development Law & Policy

No abstract provided.


Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail, Benjamin J. Wickizer, Andrew Snow Mar 2011

Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail, Benjamin J. Wickizer, Andrew Snow

Sustainable Development Law & Policy

No abstract provided.