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Articles 1 - 30 of 198
Full-Text Articles in Law
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
Amy L. Stein
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 …
The Tipping Point Of Federalism, Amy L. Stein
The Tipping Point Of Federalism, Amy L. Stein
Amy L. Stein
As the Supreme Court has noted, “it is difficult to conceive of a more basic element of interstate commerce than electric energy, a product that is used in virtually every home and every commercial or manufacturing facility. No state relies solely on its own resources in this respect.” And yet, the resources used to generate this electricity (e.g., coal, natural gas, or renewables) are determined largely by state and local authorities through their exclusive authority to determine whether to approve construction of a new electricity generation facility. As the nation finds itself faced with important decisions that directly implicate the …
Renewable Energy Through Agency Action, Amy L. Stein
Renewable Energy Through Agency Action, Amy L. Stein
Amy L. Stein
Despite the many societal benefits associated with renewable energy, it is used to generate only about 5 percent of our nation's electricity needs. The bulk of governmental efforts to rectify this situation have disproportionately impacted private actors. This Article argues that the federal government should expand its efforts to more fully capture the gains that can be achieved by targeting both private and public actors, particularly federal agencies. Federal agencies have enormous purchasing power that can be channeled toward using electricity and fuels derived from renewable energy. Federal agencies are some of the largest consumers of electricity. Federal agencies manage …
Beyond Yucca Mountain: Split Liability Drives Action For Interim Nuclear Waste Storage, Amy L. Stein
Beyond Yucca Mountain: Split Liability Drives Action For Interim Nuclear Waste Storage, Amy L. Stein
Amy L. Stein
After fifteen years and six billion dollars, the United States still lacks a viable long-term solution to the mounting levels of high-level nuclear waste scattered across the nation in 68 sites. The Nuclear Waste Policy Act of 1982 (“NWPA”) and its 1987 Amendments have driven regulators to approve Yucca Mountain, Nevada, for burial of the 37,000 metric tons of nuclear waste in need of a final resting place. In the NWPA, Congress set January 31, 1998 as the deadline by which the Department of Energy (“DOE”) was to dispose of the utilities' nuclear waste. However, litigation challenges, scientific uncertainty, and …
Importing Energy, Exporting Regulation, James W. Coleman
Importing Energy, Exporting Regulation, James W. Coleman
Fordham Law Review
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. Federal regulators and market pressures, however, increasingly demand 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.
This Article shows how integrated national energy markets are driving states to regulate imported fuel and electricity based on how it …
Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons
Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons
Daniel Lyons
The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the …
The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum
The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum
Georgia Journal of International & Comparative Law
No abstract provided.
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Gina Warren
No abstract provided.
Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt
Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt
Joel M Pratt
Because fracking regulators and industry need both legal clarity and the ability to react to new information, courts should apply principles of administrative deference to resolve conflicts between state and local fracking regulations.Under these principles, courts weigh expert agency decision making more heavily when the agency has acted reasonably. When faced with a conflict between state and local fracking laws, courts should adopt administrative principles and privilege expert agency regulations rather than engage in an independent judicial inquiry. Part I provides background on fracking and argues that states are in the best position to regulate the practice. Part II then …
The Ripple Effect: How A Lawsuit Seeking Cleaner Water May Be Backfiring, Sara Gonzalez-Rothi Kronenthal
The Ripple Effect: How A Lawsuit Seeking Cleaner Water May Be Backfiring, Sara Gonzalez-Rothi Kronenthal
LSU Journal of Energy Law and Resources
No abstract provided.
Bayou Fuel, Iman S. Montgomery
Bayou Fuel, Iman S. Montgomery
LSU Journal of Energy Law and Resources
No abstract provided.
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
LSU Journal of Energy Law and Resources
No abstract provided.
Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler
Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler
LSU Journal of Energy Law and Resources
No abstract provided.
The Energy Wealth Of Indian Nations, Shawn E. Regan, Terry L. Anderson
The Energy Wealth Of Indian Nations, Shawn E. Regan, Terry L. Anderson
LSU Journal of Energy Law and Resources
No abstract provided.
Public Utilities Law, William T. Reisinger
Public Utilities Law, William T. Reisinger
University of Richmond Law Review
This article explains, at a high level, some of the major changes to electric regulation in Virginia in recent years. It also discusses how the General Assembly's new policies have affected retail electric rates and the development of new generation facilities, including renewable energy resources, in the Commonwealth since 1999.
Introduction, Roger Meiners, Andrew P. Morriss
Introduction, Roger Meiners, Andrew P. Morriss
LSU Journal of Energy Law and Resources
No abstract provided.
Up The River Without A Permit: Why The Water Transfers Rule Endangers The Louisiana Wetlands, Michael E. Landis
Up The River Without A Permit: Why The Water Transfers Rule Endangers The Louisiana Wetlands, Michael E. Landis
LSU Journal of Energy Law and Resources
No abstract provided.
A Call For An Interpretive Presumption Against Burdens On Interstate Commerce In The Context Of Interstate Compacts, Claire Murray
A Call For An Interpretive Presumption Against Burdens On Interstate Commerce In The Context Of Interstate Compacts, Claire Murray
LSU Journal of Energy Law and Resources
No abstract provided.
Conservation Easements And The Development Of New Energies: Fracking, Wind Turbines, And Solar Collection, Gerald Korngold
Conservation Easements And The Development Of New Energies: Fracking, Wind Turbines, And Solar Collection, Gerald Korngold
LSU Journal of Energy Law and Resources
No abstract provided.
Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski
Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski
LSU Journal of Energy Law and Resources
No abstract provided.
The Emperor’S New Clothes: Fracking Legislation In Texas, Kirbie Watson
The Emperor’S New Clothes: Fracking Legislation In Texas, Kirbie Watson
LSU Journal of Energy Law and Resources
No abstract provided.
Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas
Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas
Georgia Journal of International & Comparative Law
No abstract provided.
The Black Market Trade In Chlorofluorocarbons: The Montreal Protocol Makes Banned Refrigerants A Hot Commodity, Frederick P. Landers Jr.
The Black Market Trade In Chlorofluorocarbons: The Montreal Protocol Makes Banned Refrigerants A Hot Commodity, Frederick P. Landers Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Gina Warren
No abstract provided.
Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches Wilkinson Center Newsletter, Fall 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.
Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh
Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh
University of Miami Business Law Review
No abstract provided.
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.