Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (30)
- Pace University (7)
- University of Miami Law School (4)
- Barry University School of Law (3)
- University of Denver (3)
-
- Duke Law (2)
- Southern Methodist University (2)
- American University Washington College of Law (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Texas A&M University School of Law (1)
- University of Cincinnati College of Law (1)
- University of Florida Levin College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Montana (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- Keyword
-
- Fracking (23)
- Hydraulic fracturing (21)
- Fracing (20)
- Climate change (10)
- Oil and gas development (8)
-
- Colorado (7)
- Regulations (7)
- COGCC (6)
- Drilling (6)
- Natural gas (6)
- Renewable energy (6)
- EPA (5)
- Methane (5)
- Water quality (5)
- Air quality (4)
- Emissions (4)
- Environmental law (4)
- Oil and gas production (4)
- Weld County (4)
- Wells (4)
- Bakken (3)
- Coal bed methane (3)
- Energy (3)
- Federalism (3)
- Fossil fuels (3)
- Groundwater (3)
- Marcellus Shale (3)
- NAAQS (3)
- Oil and gas (3)
- Ozone (3)
- Publication
-
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (21)
- Faculty Scholarship (8)
- Elisabeth Haub School of Law Faculty Publications (7)
- Articles (4)
- Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28) (4)
-
- Sturm College of Law: Faculty Scholarship (3)
- All Faculty Scholarship (2)
- Faculty Journal Articles and Book Chapters (2)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (2)
- Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-) (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Faculty Articles and Other Publications (1)
- Faculty Law Review Articles (1)
- Law Faculty Publications (1)
- Publications (1)
- Scholarly Publications (1)
- UF Law Faculty Publications (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 31 - 60 of 63
Full-Text Articles in Law
Sins Of The Father, K.K. Duvivier
Sins Of The Father, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Are the sins of previous generations of energy development, such as with oil and gas, being visited on the newest forms of energy? That is the question this article attempts to address. Specifically, this article will focus on the problems created by the severance of the mineral estate from the surface and the related dominant mineral–servient surface estate doctrine. Hydrofracturing or “fracking” for oil and natural gas has placed the problems of split estates in the spotlight more than they been in generations. People have been shocked to find drill rigs in their backyards, school playgrounds, and parks. They have …
Drones, Henry H. Perritt Jr., Eliot O. Sprague
Drones, Henry H. Perritt Jr., Eliot O. Sprague
All Faculty Scholarship
Abstract
Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.
Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.
This article evaluates drone technology and design …
Capital Rigidities, Latent Externalities, Shi-Ling Hsu
Capital Rigidities, Latent Externalities, Shi-Ling Hsu
Scholarly Publications
Capital, one of two fundamental inputs to production, is critical to economic growth. As such, legal rules and institutions generally seek to create more of it, and they also seek to protect existing capital from policy changes. However, capital is often durable, and during its natural life, information may emerge pointing to negative externalities resulting from operation of that capital. Legal rules and institutions, in seeking to stimulate and sustain economic growth by promoting and protecting capital, thus tend to induce the creation of excess capital. This abundance of capital creates excess resistance to new regulation or policy reform, as …
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
UF Law Faculty Publications
This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be a game-changer for many facets of our grid, providing better integration of renewable energy, enhanced reliability, and reduced use of carbon-intensive fuels. Energy storage faces a number of obstacles, however, including technological, financial, and regulatory uncertainty. This Article focuses on the regulatory uncertainty, and defends the proposition that not all regulatory uncertainty is created equal. It argues for differential treatment of this uncertainty, depending on its context, scope, and source, and …
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Improved technology developments in directional drilling and hydraulic fracturing, more commonly known as "fracking," have resulted in an oil and gas production boom nationwide. Fracking involves pumping pressurized water, sand, and chemicals down wells to crack bedrock, freeing petroleum and natural gas. Wastewater discharges, hydraulic fracturing fluid releases, and other accidental spills pose potential water quality risks, sparking concern for public health.
This webinar will examine the laws and regulations governing water quality issues related to fracking, recent state court decisions affecting regulations, and implications for public health.
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Distributional Consequences Of Public Policies: An Example From The Management Of Urban Vehicular Travel, Winston Harrington, Elena Safirova, Conrad Coleman, Sébastien Houde, Adam M. Finkel
Distributional Consequences Of Public Policies: An Example From The Management Of Urban Vehicular Travel, Winston Harrington, Elena Safirova, Conrad Coleman, Sébastien Houde, Adam M. Finkel
All Faculty Scholarship
This paper uses a spatially disaggregated computable general equilibrium model of a large US metropolitan area to compare two kinds of policies, “Live Near Your Work” and taxation of vehicular travel, that have been proposed to help further the aims of “smart growth.” Ordinarily, policy comparisons of this sort focus on the net benefits of the two policies; that is, the total monetized net welfare gains or losses to all citizens. While the aggregate net benefits are certainly important, in this analysis we also disaggregate these benefits along two important dimensions: income and location within the metropolitan area. The resulting …
Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: Stanley Dempsey, Chairman, Royal Gold
17 slides
Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Markus Funk
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: T. Markus Funk, Partner, Perkins Coie
21 slides
Slides: Comments Of Jeff Bingaman, Jeff Bingaman
Slides: Comments Of Jeff Bingaman, Jeff Bingaman
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: Jeff Bingaman, former Chair of the Senate Energy and Natural Resources Committee and U.S. Senator from New Mexico
6 slides
Agenda: Natural Resource Industries And The Sustainability Challenge, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. The Colorado Law Energy Innovation Initiative
Agenda: Natural Resource Industries And The Sustainability Challenge, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. The Colorado Law Energy Innovation Initiative
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
"An International Conference hosted by The Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Colorado Law Energy Innovation Initiative."
For more than two decades, sustainability has gained currency as a broad organizing principle for efforts to develop and use energy, natural resources, and the environment in ways that allow society to meet its needs without compromising the ability of future generations to meet their needs. More recently, sustainability has been embraced by businesses across multiple sectors as part of a broader movement of corporate social responsibility. Hardly a day goes by without news of another corporate initiative …
Solar Skyspace B, K.K. Duvivier
Solar Skyspace B, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The cleanest source of electricity is that generated from photovoltaic solar panels (PV). Unlike fossil fuels, PV does not require extraction and does not burn, so it emits no carbon. Unlike hydropower, it does not require the damming of natural rivers and the destruction of upstream areas through flooding. Unlike industrial-scale concentrating solar thermo-electric power, it does not consume water to generate electricity. Finally, when placed on existing rooftops in developed areas, distributed solar PV does not require long-term dedication of public lands to an industrial use, does not disrupt native habitat (a potential problem with all of other energy …
Traditionally-Structured Electric Utilities In A Distributed Generation World, Joseph P. Tomain
Traditionally-Structured Electric Utilities In A Distributed Generation World, Joseph P. Tomain
Faculty Articles and Other Publications
This article argues that the twenty-first century challenge to the electric industry is different in kind from previous challenges. Further, past responses to past challenges are inadequate to meet the convergence of demands posed on investor owned electric utilities by new technologies, new markets, and new regulations. Instead, the twenty-first century challenge requires a dramatic new response as electric utilities face a new economic order and as they seek revenue protection and assurances of financial stability from their regulators.
This article will first explore current industry characteristics and challenges in Part II. Part III will then discuss the current situation …
Green Go! - The Military's Sustainability Mission, Felix Mormann
Green Go! - The Military's Sustainability Mission, Felix Mormann
Articles
No abstract provided.
Getches Wilkinson Center Newsletter, Winter/Spring 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches Wilkinson Center Newsletter, Winter/Spring 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
For The Birds: Wind Energy, Dead Eagles, And Unwelcome Surprises, Sam Panarella
For The Birds: Wind Energy, Dead Eagles, And Unwelcome Surprises, Sam Panarella
Faculty Law Review Articles
Wind turbines kill birds. A lot of birds. You would be hard pressed to find someone who is happy with that fact, including anyone in the wind energy development community. But until and unless there are technological advances in wind turbine design that eliminate their deadly impact on birds, it is something we must accept. Of course, acceptance does not and should not mean issuing a blank check to wind energy developers to wantonly injure birds. To do so would violate both the spirit and letter of a host of environmental laws that have at their core a stubborn insistence …
Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann
Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann
Articles
Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America's energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewable energy. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to promote renewable energy more cost-effectively through capital markets and crowdfunding.
Federal support for renewable energy today comes primarily in the form of accelerated depreciation and, critically, tax credits. Empirical evidence reveals that only a fraction of …
Utility Air Regulatory Group V. Epa: A Shot Across The Bow Of The Administrative State, Amanda Leiter
Utility Air Regulatory Group V. Epa: A Shot Across The Bow Of The Administrative State, Amanda Leiter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock
Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock
Faculty Scholarship
A significant transition is underway within the electricity sector due to several market forces, retirement of certain plants, and regulatory pressures. There is notable overlap between available strategies for mitigating electricity sector risks and potential compliance strategies for states under the Clean Power Plan. This overlap presents regulators with an opportunity to pursue strategies that help manage the transition occurring in the electricity sector and achieve greenhouse gas reductions required under the Clean Power Plan, particularly in the areas of end-use energy efficiency and additional renewable power generation.
A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske
A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske
Faculty Scholarship
No abstract provided.
Missouri Oil And Gas Update, Nadia B. Ahmad
Importing Energy, Exporting Regulation, James W. Coleman
Importing Energy, Exporting Regulation, James W. Coleman
Faculty Journal Articles and Book Chapters
This Article identifies and addresses a growing contradiction at the heart of United States energy policy. States are the traditional energy regulators and energy policy innovators — a role that has only grown more important without a settled federal climate policy. But federal regulators and market pressures are increasingly demanding integrated national and international energy markets. Deregulation, the rise of renewable energy, the shale revolution, and new sources of motor fuel precursors like crude and ethanol have all increased interstate energy trade.
The Article shows how integrated national energy markets are driving states to regulate imported fuel and electricity based …
Unilateral Climate Regulation, James W. Coleman
Unilateral Climate Regulation, James W. Coleman
Faculty Journal Articles and Book Chapters
It is now plain that decades of negotiation toward a binding global climate treaty have failed. Yet, at the same time, many nations are adopting a range of unilateral policies to address climate change. The existing literature on climate policy neglects these unilateral climate regulations because it focuses on the necessity and possible design of a multilateral climate treaty. But these domestic regulations present a unique puzzle: given that climate outcomes are determined by global emissions, and that unilateral regulations inevitably influence incentives to regulate elsewhere, how can domestic action achieve the greatest marginal reduction in global emissions? In other …
Mitigating The Impacts Of The Renewable Energy Gold Rush, Amy Wilson Morris, Jessica Owley
Mitigating The Impacts Of The Renewable Energy Gold Rush, Amy Wilson Morris, Jessica Owley
Articles
No abstract provided.
Completing The Energy Innovation Cycle: The View From The Public Utility Commission, Jonas J. Monast, Sarah K. Adair
Completing The Energy Innovation Cycle: The View From The Public Utility Commission, Jonas J. Monast, Sarah K. Adair
Faculty Scholarship
Achieving widespread adoption of innovative electricity generation technologies involves a complex system of research, development, demonstration, and deployment, with each phase then informing future developments. Despite a number of non-regulatory programs at the federal level to support this process, the innovation premium—the increased cost and technology risk often associated with innovative generation technologies—creates hurdles in the state public utility commission (“PUC”) process. These state level regulatory hurdles have the potential to frustrate federal energy goals and prevent the learning process that is a critical component to technology innovation. This Article explores how and why innovative energy technologies face challenges in …
Energy Versus Property, Michael Pappas
Energy Versus Property, Michael Pappas
Faculty Scholarship
This article is the first to detail the balance legislatures and courts have struck between private property rights and the compelling public interest in energy production. By examining how property rights have consistently yielded to energy development from colonial times to the most recent decisions involving hydraulic fracturing (“fracking”), it identifies a coherent energy/property balance that has shaped property expectations to accommodate energy needs. The article then applies this insight to current disputes pitting aggressive renewable energy policies— such as nuisance immunity or mandatory installations on private property— against fundamental property expectations— the right to exclude and the right to …
Green Siting For Green Energy, Amy Wilson Morris, Jessica Owley, Emily Capello
Green Siting For Green Energy, Amy Wilson Morris, Jessica Owley, Emily Capello
Articles
No abstract provided.
A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad
A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
This Article proposes that a national mineral policy ("NMP") can be crafted to generate foreign direct investment ("FDI") and strengthen sustainable development goals. Less-developed countries ("LDCs") typically overlook or underestimate this federal policy imperative while seeking to harness mineral resources.' Creation of a NMP and complementary changes to federal mining investment laws can provide host countries increased opportunities as well as autonomy to profit from their own natural resources and, at the same time, investor nations can benefit from a NMP because of further mining prospects.
This Article goes on to discuss how the formulation and implementation of a NMP …
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article focuses on the action localities have taken toward mitigating some of the adverse impacts of hydraulic fracturing, or hydrofracking. The Article will explore impacts at the local level and will show the governance gap that has resulted from federal and state regulations that leave many local impacts unmitigated. Zoning laws and other practices that local governments are adopting are also discussed, explaining why state preemption over the traditional role of local governments in regulating this particular heavy industrial activity is not the ideal situation.
Fundamental Principles Of Law For The Anthropocene?, Nicholas A. Robinson
Fundamental Principles Of Law For The Anthropocene?, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
A wide array of questions arises from global change to confront environmental law. The IPCC has examined social decisions affecting the climate in the design of human settlements, transport systems, industrialisation, agriculture and silviculture, waste management, provisions for energy, and virtually all other socio-economic dimensions of human life. The AR-5, too, cannot avoid raising issues of human ethics and values at local and regional scales. Such issues reach environmental policy and law directly. The IPCC’s AR-5 report furthers widespread public debate about the human dimensions of climate change, and how social theory relates to environmental change. Already, climate change has …