Law Commons^™

Hey America! Let's Get Smart: The Need For A Reliable Modern Smart Electrical Grid Resistance To Cyberattacks, Richard J. Kisielowski Ii

Catholic University Journal of Law and Technology

No abstract provided.

Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone

Michigan Journal of Environmental & Administrative Law

The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …

Energy-Environment Policy Alignments, Todd S. Aagaarad

Washington Law Review

Energy law focuses on making energy widely available at reasonable cost, and environmental law focuses on preventing pollution. As a result of these differences in their respective orientations, the two fields often work incoherently and even in conflict. Historically, federal energy law and environmental law have attempted to manage their interrelationships by imposing negative constraints on each other: Energy policies of the Federal Energy Regulatory Commission (FERC) must comply with requirements set forth in environmental statutes, and the Environmental Protection Agency’s (EPA’s) statutes contain energy-related requirements and exemptions. More recently, however, FERC and EPA have begun developing policies that create …

The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith

Michigan Journal of Environmental & Administrative Law

In 2014, with the signing of Senate Bill 310 (S.B. 310), Ohio became the first state to put a temporary “freeze” on its renewable portfolio standard (RPS) and energy efficiency mandates. The law has generated nationwide attention and been criticized as a step back in the state’s clean energy policy. This Note examines the central justifications for the passage of S.B. 310, challenging conventional wisdom that the law does not serve the interests of Ohio citizens. After the passage of Ohio’s RPS in 2008, the economic and energy landscape within the state changed dramatically, due in large part to technological …

Riio To Rev: What U.S. Power Reform Should Learn From The U.K., Heather Payne

Pace Law Review

After discussing the recent history of and need for regulatory reform in the U.K., this article will summarize the RIIO framework and analyze the three parts best suited for import into the regulatory frameworks of American states. Specifically, the article will evaluate how a performance-based framework with (1) longer rate cases, (2) proportionate assessment, and (3) a focus on total expenditures limiting regulatory asset value, should positively influence the U.S. regulatory landscape. While RIIO is only used for transmission and distribution in the U.K., there is a potential for its performance-based approach to be used in generation as well as …

Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore

Public Land & Resources Law Review

In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.

Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins

Public Land & Resources Law Review

Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small stretches where …

Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Measuring Brief (Moon Moo Farm, Inc.), Paul T. Stewart, Justin J. Sterk, Erica J. Shell

Pace Environmental Law Review Online Companion

No abstract provided.

Measuring Brief (Riverwatcher, Inc. & Dean James), Mitchell Longon, Melissa Reynolds, Kathryn Tipple

Pace Environmental Law Review Online Companion

No abstract provided.

Measuring Brief (United States), Lindsay Brewer, Whitney Leonard, Joya Sonnenfeldt

Pace Environmental Law Review Online Companion

No abstract provided.

2015 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.

2015 National Environmental Law Moot Court Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.

What Makes The United States Offshore Leasing System So Special? A Primer On The Outer Continental Shelf Oil And Gas Lease, Dana E. Dupre

LSU Journal of Energy Law and Resources

No abstract provided.

License Terms On The Norwegian Continental Shelf, Torkjel Grondalen, Cato Lower

LSU Journal of Energy Law and Resources

No abstract provided.

Cover

LSU Journal of Energy Law and Resources

No abstract provided.

Oil And Gas Mineral Leasing And Development On The Outer Continental Shelf Of The United States, Anthony C. Marino, C. Jacob Gower

LSU Journal of Energy Law and Resources

No abstract provided.

A Review Of The New Uk Energy Bill: Very Fancy Footwork!, Uisdean Vass

LSU Journal of Energy Law and Resources

No abstract provided.

Faculty

LSU Journal of Energy Law and Resources

No abstract provided.

Masthead

LSU Journal of Energy Law and Resources

No abstract provided.

Bringing Down The House: The Regulation And Potential Liability Of Induced Earthquakes, Paula E. Finley

LSU Journal of Energy Law and Resources

No abstract provided.

Production Licensing On The Uk Continental Shelf: Ministerial Powers And Controls, Greg W. Gordon

LSU Journal of Energy Law and Resources

No abstract provided.

Stopping The Clock On Coverage: Resolving The Conundrum Of Lhwca Maritime Status, Alex S. Aughtry

LSU Journal of Energy Law and Resources

No abstract provided.

Table Of Contents

LSU Journal of Energy Law and Resources

No abstract provided.

Earthonomics: Balancing Between Earth And Business, Yazen Abdin

Environmental and Earth Law Journal (EELJ)

Economists consistently fail to account that Earth has a finite amount of resources. This article analyzes the behavior of corporate America and the effect it has on the world form an Earth jurisprudence standpoint. It will explore twp specific industries, oil and food, and what role they have played in the environment's health. It also explores potential solutions.

A Comparative Legal Approach For The Risks Of Offshore Methane Hydrates: Existing Laws And Conventions, Roy Andrew Partain

Pace Environmental Law Review

This article provides a review of the existing laws and conventions that might be applied to the development of offshore methane hydrates. Offshore methane hydrates are an exciting emerging new energy resource; one with great potential to provide vast energy supplies, and also one with substantially novel risks and hazards to the environment, marine flora and fauna, and adjacent human communities. Some of these new risks include cataclysmic levels of greenhouse gas emissions, subsea landslides, and tsunamis. As such, it is important to take a survey of the existing laws and conventions that could be applied to such risks, examine …

Innovative Financing For Renewable Energy, Richard L. Ottinger, John Bowie

Pace Environmental Law Review

This paper discusses successful innovative methods for financing the high initial equipment costs of many renewable energy resources, with case studies of their application. Financial instruments for renewable energy installations are frequently dependent on physical and economic infrastructure. In response to this fundamental interconnectedness between infrastructure, economy, and financial instruments, this paper follows a rough structure of financing methods used in: Areas unserved by an electricity grid; Areas of modest means served by limited transmission interconnections; and Areas with developed regional or national grid connectedness.

Renewables have many benefits, but they also face challenges as they enter the existing market …

Improving The Legal Implementation Mechanisms For A Carbon Tax In China, Haifeng Deng

Pace Environmental Law Review

Within the framework of existing Chinese environmental laws, carbon taxation faces four main challenges: the contradiction of existing taxes, conflict with the carbon emissions trading system, necessary adjustments to the organizational structure of tax collection and management, and coordination with international trade rules. Implementing a carbon tax is a complete and systematic process containing three stages: introduction, collection, and impacts assessment. In order to address these problems, it is necessary to construct legal implementation mechanisms for carbon taxation in China. The legal mechanisms of implementing a carbon tax include a series of coordination and safeguard measures aimed at optimizing the …

Municipal Wildfire Management In California: A Local Response To Global Climate Change, Sameer Ponkshe

Pace Environmental Law Review

This Note will examine the wildfire issue in California within the context of municipal government. Part II-A will present a concise look at the current state of affairs regarding climate change, which demonstrates that because little has changed on the international level regarding emissions reductions, the responsibility of protecting people from the catastrophes associated with climate change will fall to lower levels of government. Part II-B will then discuss how wildfire activity is affected by climate change, with specific attention to how the western U.S. has been affected. Part III of this Note focuses on actions of several different municipalities …