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Full-Text Articles in Law
Heated Conflict: Investor-Owned Utility Liability For California Wildfires Under The Doctrine Of Inverse Condemnation, Samir A. Hafez, Jr.
Heated Conflict: Investor-Owned Utility Liability For California Wildfires Under The Doctrine Of Inverse Condemnation, Samir A. Hafez, Jr.
San Diego Journal of Climate & Energy Law
This Article addresses California Investor-Owned Utilities’ liability for wildfire damage due to equipment failure and mismanagement. Part II highlights the doctrine of inverse condemnation and how California Courts apply the doctrine to cases involving investor-owned utilities. Part III provides an overview of the statutory and regulatory provisions that govern how a utility may recover costs through customer rates. Part IV addresses the apparent conflict between these frameworks and how utilities and regulators have sought to reconcile this conflict. Part V concludes with an overview and discussion of SB 901 which seeks to maintain utility financial stability while holding the entities …
Climate-Change Related "Non-Economic Loss And Damage" And The Limits Of Law, Anastasia Telesetsky
Climate-Change Related "Non-Economic Loss And Damage" And The Limits Of Law, Anastasia Telesetsky
San Diego Journal of Climate & Energy Law
This article examines the concept of “loss and damage” in a world where climate impacts are being experienced over multiple years increasingly at the community level and, as in the case of Mozambique’s lengthy recovery from Cyclone Idai, at a national level. As climate impacts increase in prevalence, policymakers are focusing greater attention on how to address the destruction and depletion from “natural” events, where the severity and frequency of these events have been exacerbated by human-fueled climate change. There is a growing recognition that these types of ongoing climate-related “problems of loss cannot be analytically or ethically assigned to …
Preemptive Attack: California's Sb 100, The Fpa, And Combatting Climate Change, Charles Kreuzberger
Preemptive Attack: California's Sb 100, The Fpa, And Combatting Climate Change, Charles Kreuzberger
San Diego Journal of Climate & Energy Law
The United States contributes fifteen percent of the world’s greenhouse gas (GHG) emissions while making up only four percent of the world’s population. In recent years, the United States has made progress towards reducing the amount of GHGs we put into the atmosphere. However, there is the fear that the current administration is attempting to curtail regulations.
In 1935, the federal government passed the Federal Power Act creating two distinct jurisdictions over the energy market. This was in response to a gap in jurisdictional coverage between the states and federal government known as the Attleboro Gap. Interstate wholesale sales were …
Energy Efficiency And Distributed Solar Energy Targeted To Underserved Communities: Perspectives On The Illinois Future Energy Jobs Act, Leroy C. (Lee) Paddock
Energy Efficiency And Distributed Solar Energy Targeted To Underserved Communities: Perspectives On The Illinois Future Energy Jobs Act, Leroy C. (Lee) Paddock
San Diego Journal of Climate & Energy Law
This Article focuses on one of the most comprehensive state laws adopted to date, aimed at significantly advancing energy efficiency and distributed solar generation in underserved communities, the Illinois Future Energy Jobs Act (FEJA). It begins by examining what constitutes energy justice and then discusses the disproportionate burdens and benefits related to energy production and use that underserved communities must deal with on a day-to-day basis. The Article then turns to a review of FEJA with a particular emphasis on the critical role community organizations played in designing, negotiating, and implementing the law. These efforts represent important development in both …
The Ninth Circuit Expands The Mining Law's Extralateral Rights Doctrine To Pegmatite Dikes, Mahdi Ibrahim, Judge Robert C. Coates
The Ninth Circuit Expands The Mining Law's Extralateral Rights Doctrine To Pegmatite Dikes, Mahdi Ibrahim, Judge Robert C. Coates
San Diego Journal of Climate & Energy Law
What happens when a miner strikes gold (metaphorically and sometimes literally speaking) under someone else’s land? As the Latin maxim states, “cuius est solum, eius est usque ad coelum et ad inferos,” which translates to “whoever owns [the] soil, [it] is theirs all the way [up] to Heaven and [down] to Hell.” It would seem the answer to who has a right to minerals below their property would be straight forward based on this Latin maxim. However, this is not truly the case. Over the last century, courts have expanded the idea of “extralateral rights” and allowed an adjacent landowner …
Irena At 10: Post Paris Transitions And Energy Diplomacy Beyond Opec, The Energy Charter Treaty, And The Coronavirus, Nadia B. Ahmad
Irena At 10: Post Paris Transitions And Energy Diplomacy Beyond Opec, The Energy Charter Treaty, And The Coronavirus, Nadia B. Ahmad
San Diego Journal of Climate & Energy Law
In understanding the post Paris energy transitions, this Article analyzes the intergovernmental organization, IRENA, as a means of working toward sustainable energy. Clean energy is an alternative to carbon emissions from fossil fuel extraction and generation. This Article looks at the formation and rise of IRENA and how the silencing of the climate controversy may continue to improve its efficacy. In other words, IRENA has steered away from the controversy of climate change i.e. climate denial. This Article will proceed in five parts. Part I explores the formation of IRENA and the positive outcomes of renewable energy deployment. Part II …