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Full-Text Articles in Law

Climate Change & The Public Trust Doctrine: An Analysis Of Atmospheric Trust Litigatin, Kassandra Castillo Jan 2015

Climate Change & The Public Trust Doctrine: An Analysis Of Atmospheric Trust Litigatin, Kassandra Castillo

San Diego Journal of Climate & Energy Law

As Professor Charles Wilkinson explains, “The public trust doctrine is rooted in the precept that some resources are so central to the well-being of the community that they must be protected by distinctive, judge-made principles.” Because a healthy and habitable atmosphere is essential to the survival of the human race, it is imperative that the public trust doctrine be interpreted in a way to include the atmosphere within its scope. Civil litigation is an effective legal mechanism to expand the public trust doctrine’s scope by way of the judiciary. Once a state judiciary can determine the applicability of the public …


California Challenges & Vulnerabilities Of The New Business Model Design For Power, Steven Ferrey Jan 2015

California Challenges & Vulnerabilities Of The New Business Model Design For Power, Steven Ferrey

San Diego Journal of Climate & Energy Law

This Article compares and contrasts state regulatory decisions, programs, subsidies, and the evolving new business model. Section II examines the revolutionary role of renewable energy, the critical role of electricity, and the changing business model. Section III analyzes how various incentives are being embedded in government programs in many states, how the incentives or the programs affect the evolving business model, how these are valued and shift economic impacts, and criticism of the results. Section IV dissects the motivation for the “regulatory play” in the new business model.


Promoting Clean Reliable Energy Through Smart Technologies And Policies: Lessons From Three Distributed Energy Case Studies, Samantha Ruiz, Katie R. Thomas, Kevin B. Jones Jan 2015

Promoting Clean Reliable Energy Through Smart Technologies And Policies: Lessons From Three Distributed Energy Case Studies, Samantha Ruiz, Katie R. Thomas, Kevin B. Jones

San Diego Journal of Climate & Energy Law

Following the blackout of the electric grid in the 1965 it was hypothesized that large central generation would lead to continued reliability problems. More recently, following Hurricane Sandy, there have been additional criticisms of the risks that large centralized electric systems face in terms of system restoration following catastrophic storms. Together these concerns have led some in the electric industry to conclude that bigger is not always better. In 2007, with the passage of the Energy Independence and Security Act, Congress initiated policy support for a smarter more distributed grid. Since then, utilities have begun to experiment with more distributed, …


Solar Energy, Utilities, And Fairness, Troy A. Rule Jan 2015

Solar Energy, Utilities, And Fairness, Troy A. Rule

San Diego Journal of Climate & Energy Law

This Article analyzes the primary fairness arguments that utilities are leveling against net metering programs and electricity rate designs as rooftop solar energy expands across the country. By categorizing and more thoroughly evaluating these arguments, this Article seeks to enhance the dialogue between utilities, legislators, state regulators, and the solar energy industry over how to best orchestrate the nation’s shift toward more sustainable electricity strategies.
Part II of this Article describes how net metering programs and other factors are spurring dramatic growth in distributed solar energy generation in the United States and how utilities are increasingly lobbying for policy changes …


Energy Consumption Data: The Key To Improved Energy Efficiency, Alexandra B. Klass, Elizabeth J. Wilson Jan 2015

Energy Consumption Data: The Key To Improved Energy Efficiency, Alexandra B. Klass, Elizabeth J. Wilson

San Diego Journal of Climate & Energy Law

This Article explores recent efforts that federal, state, and local governments have taken to create regulatory frameworks to collect energy consumption data and make it available to consumers and, in some cases, to the public. Part II explains the nature of energy consumption data, the problems with not having such data readily available to consumers and policymakers, and the benefits associated with making it available to a wider range of potential users. Part III explores developing federal, state, and local policies governing energy consumption data, including how policymakers have attempted to address some of the privacy and other concerns associated …


"Green" Performance: The Future Of Performance-Based Executive Compensation?, Ben Schwefel Jan 2015

"Green" Performance: The Future Of Performance-Based Executive Compensation?, Ben Schwefel

San Diego Journal of Climate & Energy Law

Although sustainability performance appears to be a logical extension of the traditional performance-based compensation model, the effect and result of such performance remains unclear and untested across the market. The adoption of broad-based sustainability performance measures may be dangerous because, often times, these measures are tailored to the corporation and may decrease total shareholder return in the short run. Regardless of whether or not the corporation decides to introduce these measures, their effect on total shareholder return and other corporate interests requires an individualized analysis.
Part II of this Comment discusses the current state of executive compensation, including the use …


Electric Utilities And Distributed Energy Resources - Opportunities And Challenges, Jeff Winmill Jan 2015

Electric Utilities And Distributed Energy Resources - Opportunities And Challenges, Jeff Winmill

San Diego Journal of Climate & Energy Law

This Article explores the key business and regulatory issues associated with utility investments in DERs, as well as important considerations for regulators seeking to strike the appropriate balance between DER services provided by third parties and DER services provided by utilities. Part I provides a brief overview of the electric utility industry, and the growth and impact of DERs in recent years. Part II analyzes two emergent distributed technologies––solar photovoltaics (PV) and distributed storage––as well as utility efforts to invest in these technologies. And Part III concludes with a discussion of two different regulatory models for addressing utility-ownership of DERs: …


V.6, 2015 Masthead Jan 2015

V.6, 2015 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.


Getting To Utility 2.0: Rebooting The Retail Electric Utility In The U.S., James M. Van Nostrand Jan 2015

Getting To Utility 2.0: Rebooting The Retail Electric Utility In The U.S., James M. Van Nostrand

San Diego Journal of Climate & Energy Law

This Article examines the drivers for this perceived need to revisit the utility business model, focusing primarily on the declining cost of DG resources and the resilience benefits of DG resources in addressing the impact of future extreme weather events. Second, this article reviews the various “Utility 2.0” proceedings underway across the United States, and the common themes emerging from those proceedings. The third section of the Article discusses the possible approaches to a utility business model, based on experience in wholesale and retail electricity markets in the United States and Europe. Fourth, this Article will examine lessons learned regarding …