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Articles 1 - 25 of 25
Full-Text Articles in Law
Curbing Energy Sprawl With Microgrids, Sara C. Bronin
Curbing Energy Sprawl With Microgrids, Sara C. Bronin
Cornell Law Faculty Publications
Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …
New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen
New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen
Chicago-Kent Law Review
Commentators believe that programs in China promoting development of new renewable energy capacity have produced astonishing achievements in a short period of time. Evoking the "space race" between the United States and the U.S.S.R. after the launch of the Sputnik satellite in 1957, observers contend that the United States and China are in a "greentech race" to secure international leadership in the development and deployment of renewable energy. As U.S. Energy Secretary Chu has put it, many believe this is a modern "Sputnik moment." This Article finds that China's programs and initiatives are indeed leading to considerable success, but, using …
The Art Of Subsidizing Fuel-Free Electricity Under The European Economic Area Agreement As Illustrated By Norway's Reversion Instrument, Peter Ørebech
The Art Of Subsidizing Fuel-Free Electricity Under The European Economic Area Agreement As Illustrated By Norway's Reversion Instrument, Peter Ørebech
Chicago-Kent Law Review
The purpose of this article is to scrutinize legal barriers to state aid instruments in transforming fuel-based electricity into renewable energy, the subsidy prerequisites by which the national state may champion fuel free power production. Subsidy is illustrated by the 2004 Official Norwegian Report's (NOU) disapproval of the Norwegian Reversion Institute (NRI), as a result of a waiver clause to the benefit of municipal power plants. A licensing period of sixty years is final. Relicensing is not possible; only private leasing may occur.
As outlined, my basic criticism is that the NOU confuses interstate distortion of competition as it is …
The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock
The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock
Chicago-Kent Law Review
Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation. …
Green Diesel: Finding A Place For Algae Oil, Fred Bosselman
Green Diesel: Finding A Place For Algae Oil, Fred Bosselman
Chicago-Kent Law Review
The prospect of obtaining domestically-produced biodiesel from algae has attracted wide investor interest. Although many analysts predict that economic production is five to ten years away, the production process involves such a wide range of environmental and land use issues that it is not premature to begin thinking about the kinds of places in which "green biodiesel" could be efficiently made in the United States. Our land use and environmental laws were all drafted by people who never imagined the possibility that huge volumes of algae would be an important energy resource; nor could they have known that the location …
Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss
Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Michelle Michot Foss, Chief Energy Economist, Center for Energy Economics, Bureau of Economic Geology, University of Texas, Austin, TX
12 slides
A Quantitative Assessment Of The Development Of Renewable Energy In Taiwan, 1980 To The Present: A Political-Economic Perspective, Kuang-Cheng Chen
A Quantitative Assessment Of The Development Of Renewable Energy In Taiwan, 1980 To The Present: A Political-Economic Perspective, Kuang-Cheng Chen
Kuang-Cheng Chen
This article attempts to use quantitative analysis (regression analyses) to analyze renewable energy development in Taiwan from 1980 to the present using the political-economic perspective. This research found that the “Renewable Energy Supply” and the “Renewable Energy Supply/Total Energy Supply” were impacted by political factors (e.g., “Which party wins half of the seats for county magistrates and city mayors in a given year?”) between 1980 and 1999, but were influenced by economic factors (GDP (PPP) from 2000 to 2007. As regards the “Ratio of CO2 Emissions to the Population,” it was impacted by economic factors (GDP (PPP)) from 1980 to …
China's New Renewable Energy Law: The California Connection, Jan Hamrin
China's New Renewable Energy Law: The California Connection, Jan Hamrin
Golden Gate University Law Review
No abstract provided.
Government's Role In Creating A Vibrant Solar Power Market In California, Bernadette Del Chiaro, Rachel Gibson
Government's Role In Creating A Vibrant Solar Power Market In California, Bernadette Del Chiaro, Rachel Gibson
Golden Gate University Law Review
This Article examines solar power in California and the role state policy has and will play in creating a thriving, self-sufficient solar power market. Section I reviews the social benefits of solar power, particularly small-scale solar power systems capable of generating electricity at the point of end-use. Section II reviews the economic benefits of solar power from a consumer point of view. Section ill examines California's 30- year history of state policies designed to drive consumers toward solar power. Section IV focuses on Japan and how it, starting in 1994, established a ten-year incentive program aimed at lowering the cost …
Renewable Energy In United States Foreign Policy, Daniel Karnrnen
Renewable Energy In United States Foreign Policy, Daniel Karnrnen
Golden Gate University Law Review
This article examines the root-causes of the United States' oil-induced myopia, and highlights the synergies that could exist between a low-carbon and a high-security national energy policy and how such synergies might reshape foreign policy dynamics and options.
Considering Environmental Justice In The Decision To Unbundle Renewable Energy Certificates, Ida Martinac
Considering Environmental Justice In The Decision To Unbundle Renewable Energy Certificates, Ida Martinac
Golden Gate University Law Review
This comment discusses the current debate over whether or not to unbundle Renewable Energy Certificates (RECs) and concludes that no regulatory or legislative decision can be made without careful consideration of the potential adverse environmental impacts of unbundling upon disadvantaged communities. Part I explains the concept of Distributed Generation, its history and its importance for the electrical utility industry, paying particular attention to renewable Distributed Generation. Next, it describes the role of the CPUC in the argument regarding REC bundling. This part also examines legislative efforts undertaken to deal with the evolving relationship between renewable energy generators, Distributed Generators and …
Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke
Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Marcilynn Burke, BLM Deputy Director - Programs and Policy, U.S. Dept. of the Interior, (Washington, D.C.)
30 slides
Energy-Efficiency And Wind Energy: Investment Strategy For Venture Capital And Private Equity, Nicolas L. Boittin
Energy-Efficiency And Wind Energy: Investment Strategy For Venture Capital And Private Equity, Nicolas L. Boittin
Nicolas L Boittin
Some renewable sources of energy are becoming economically profitable and legislatures are providing greater legal predictability for investment in this area. Many states have implemented Renewable Portfolio Standards (RPSs) and the U.S. Congress extended the investment period for Investment Tax Credits (ITCs) recently. Wind energy is the most mature renewable technology and energy-efficiency offers high profit potential in the short term. These two areas thus provide great investment opportunities for venture capital funds interested in clean technology and private equity funds focusing in renewable energy buyouts.
Distributed Renewable Generation: The Trifecta Of Energy Solutions To Curb Carbon Emissions, Reduce Pollutants And Empower Ratepayers, Shannon M. Baker-Branstetter
Distributed Renewable Generation: The Trifecta Of Energy Solutions To Curb Carbon Emissions, Reduce Pollutants And Empower Ratepayers, Shannon M. Baker-Branstetter
Shannon M Baker-Branstetter
On-site construction of renewable power generation provides numerous environmental and economic benefits. Renewable resources’ advantages over fossil fuels include dramatically lower life-cycle carbon emissions, minimal air and water pollution, domestic energy security, and energy price stability. However, two major hurdles for developing renewable resources for electricity generation are the cost and administrative burdens of transmission expansion to bridge the distance between the location of where renewable resources are located and where electricity is needed. Distributed renewable generation (DRG) is generation produced on-site or nearby to where the electricity is consumed. DRG reduces the need for new transmission lines to accommodate …
Offshore Windfall: What Approval Of The United States' First Offshore Wind Project Means For The Offshore Wind Energy Industry, Michael P. Giordano
Offshore Windfall: What Approval Of The United States' First Offshore Wind Project Means For The Offshore Wind Energy Industry, Michael P. Giordano
Law Student Publications
This comment explores the Cape Wind project with an emphasis on its role as the first United States offshore wind energy project. Part II of this comment explains the potential energy resource that offshore wind provides and examines some of the economic, technological, and regulatory challenges facing the development of offshore wind projects in United States waters. Part III of this comment introduces the Cape Wind project as a case study by briefly describing the particular political struggles and permitting challenges faced by its developers. Part IV of this comment analyzes how DOI approval and the eventual construction of Cape …
Slides: The Peril Of Energy Usage, Mike Tupper
Slides: The Peril Of Energy Usage, Mike Tupper
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Mike Tupper, Executive Vice President, Composite Technology Development, Inc.
9 slides
Greening The Grid: Implementing Climate Change Policy Through Energy Efficiency, Renewable Portfolio Standards, And Strategic Transmission Investments
Timothy P Duane
Climate change policy has crossed a tipping point over the past five years: there are now widespread calls for action on the problem after decades of debate about whether climate change is happening, whether it is human-induced, and whether it is a significant problem that we need to deal with seriously. Nowhere does this have more profound ramifications than in the electric utility industry. Nationally, electricity generation accounts for 41% of carbon dioxide (CO2) emissions from fossil-fuel combustion while the transportation sector accounts for 33%. These two sectors therefore account for three-fourths of all CO2 emissions in the United States. …
Can Urban Solar Become A "Disruptive" Technology?: The Case For Solar Utilities, Joel B. Eisen
Can Urban Solar Become A "Disruptive" Technology?: The Case For Solar Utilities, Joel B. Eisen
Law Faculty Publications
After examining the theory of disruptiveness and the inadequacy of current initiatives for renewables, I argue for a disruptive solution to solar. Achieving the kind of deployment that would be required to make a serious down payment on our climate obligations will take something far different than we have seen to date: companies devoted to national (or at least regional), large-scale installations of solar technology, and which are deeply capitalized and willing to take risks to bring solar to many homeowners. I will term these "solar utilities,'' and I propose that one or more of them should take over the …
Solar Rights For Texas Property Owners, Sara C. Bronin
Solar Rights For Texas Property Owners, Sara C. Bronin
Cornell Law Faculty Publications
In response to Jamie France's note, A Proposed Solar Access Law for the State of Texas, Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids. Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. …
Finding The Balance: Harmonizing Renewable Energy With Wildlife Conservation, Tina R. Goel
Finding The Balance: Harmonizing Renewable Energy With Wildlife Conservation, Tina R. Goel
Sustainable Development Law & Policy
No abstract provided.
Algae And Biodiesel: Patenting Energized As Green Goes Commercial, Matthew R. Priess, Stanley P. Kowalski
Algae And Biodiesel: Patenting Energized As Green Goes Commercial, Matthew R. Priess, Stanley P. Kowalski
Law Faculty Scholarship
In the twenty-first century, predominant dependence on fossil fuels as energy resources will not be sustainable. Developing and commercializing green energy innovations will be an essential component of the transition to a more diversified energy economy. Algal biodiesel is one of the most promising green fuels because of its potential as a renewable and sustainable fuel source without displacing food crops. Algal biodiesel research and development are necessary early steps towards a transition to a green energy economy. The strategic use of strong patent portfolios will drive this by attracting investment, incentivizing innovation and accelerating commercialization. Whereas algal biodiesel research …
Siting Transmission Lines In A Changed Milieu: Evolving Notions Of The "Public Interest" In Balancing State And Regional Considerations, Jim Rossi, Ashley C. Brown
Siting Transmission Lines In A Changed Milieu: Evolving Notions Of The "Public Interest" In Balancing State And Regional Considerations, Jim Rossi, Ashley C. Brown
Vanderbilt Law School Faculty Publications
This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines to serve renewable resources, and how states could approach its evolution in order to preserve a role for state regulators in a new energy economy in which renewable energy will play a significant role. The traditional approach to determining the "public interest" in siting transmission lines is well on its way to obsolescence. Two developments over the past fifteen years have begun to challenge this paradigm. First, policies at the federal level and in many states have encouraged increased competition …
Constitutional Contours For The Design And Implementation Of Multistate Renewable Energy Programs And Projects, Robin Kundis Craig
Constitutional Contours For The Design And Implementation Of Multistate Renewable Energy Programs And Projects, Robin Kundis Craig
University of Colorado Law Review
States are increasingly considering multistate efforts to promote the production, sale, and use of renewable energy. For example, in August 2009, policymakers and stakeholders gathered to consider joint renewable energy (specifically, wind energy) transmission projects among Colorado, New Mexico, Utah, and Wyoming. This Article explores a number of constitutional issues that multistate efforts to encourage, market, transmit, or distribute renewable energy could raise. It reflects the reality that for energy, as for many other issues, multistate creativity in establishing new governance regimes or in implementing interstate projects often creates constitutional ambiguities. Many of these ambiguities center on the constitutional status-private …
Introductory Comments: The Current State Of Climate Change Law, Michael B. Gerrard
Introductory Comments: The Current State Of Climate Change Law, Michael B. Gerrard
Faculty Scholarship
The three words that best characterize the current state of climate change law are fragmentation, uncertainty, and insufficiency.
Curbing Energy Sprawl With Microgrids, Sara Bronin
Curbing Energy Sprawl With Microgrids, Sara Bronin
Sara C. Bronin
Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …