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Full-Text Articles in Energy and Utilities Law

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 2020

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno Jul 2018

Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno

Pace Environmental Law Review

This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases ...


Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb Jul 2018

Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb

Pace Environmental Law Review

New York’s Clean Energy Standard (“CES”), adopted in August 2016, aims to steer the state’s electricity sector away from carbon-intensive generation sources. It supports low-carbon alternatives by requiring retail electricity suppliers to purchase credits, the proceeds from which are paid to renewable and nuclear generators. Recognizing that this will affect the operation of wholesale electricity markets, New York’s electric transmission grid operator (the “New York Independent System Operator” or “NYISO”) has commenced a review to assess possible means of incorporating the cost of carbon emissions into market prices. This Article explores two approaches to carbon pricing in ...


Investment Spending And Gdp, Kevin Zaldivar Jun 2018

Investment Spending And Gdp, Kevin Zaldivar

Celebration of Learning

This study's mission is to give a modern day analysis to investment spending and to provide insight to the degree of impact certain investments have on our GDP. This should interest local,state,and federal policy makers as well as anyone who practices their civic duty.


Recent Case Decisions Jun 2018

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Federal Income Tax Structures For Business Entities: A Comparison Of The Oil And Gas Industry And The Solar Energy Industry, Jordan Wybrant Jun 2018

Federal Income Tax Structures For Business Entities: A Comparison Of The Oil And Gas Industry And The Solar Energy Industry, Jordan Wybrant

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Subject To Uncertainty: A Case Of Ignored Intent – Wenske V. Ealy, Kaleb R. Smith Jun 2018

Subject To Uncertainty: A Case Of Ignored Intent – Wenske V. Ealy, Kaleb R. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


United States V. Osage Wind, Llc: Wind Energy Being Blown Away By New Rules?, Morgen Potts Jun 2018

United States V. Osage Wind, Llc: Wind Energy Being Blown Away By New Rules?, Morgen Potts

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


One Man’S Trash Is His Community’S Treasure: Ownership And Uses Of Produced Brine, Stephan Owings Jun 2018

One Man’S Trash Is His Community’S Treasure: Ownership And Uses Of Produced Brine, Stephan Owings

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Tilting At Windmills: Reconciling Military Needs And Wind Energy Initiatives In The 21st Century, Dillon Hollingsworh Jun 2018

Tilting At Windmills: Reconciling Military Needs And Wind Energy Initiatives In The 21st Century, Dillon Hollingsworh

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


What Does English Law Say About . . . . . . . .? And The Winner Is: Book Review Of Petroleum Contracts: English Law And Practice By Peter Roberts, Norman Nadorff Jun 2018

What Does English Law Say About . . . . . . . .? And The Winner Is: Book Review Of Petroleum Contracts: English Law And Practice By Peter Roberts, Norman Nadorff

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Collin Mccarthy Jun 2018

Editor's Introduction, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang Jun 2018

Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang

Brooklyn Journal of Corporate, Financial & Commercial Law

In recent years, green bonds have emerged as a way for the financial industry to contribute to environmentally friendly projects, combat climate change, and provide funds for green infrastructures across the world. While the green bond market has expanded drastically across large nations in Europe and Asia, market growth has stalled in the United States, in part due to a lack of promising regulations in the United States. Existing regulations on green bond issuance in the United States only exists in the form of non-binding international guidelines. This Note reviews the benefits and potentials of green bonds both as an ...


Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman Jun 2018

Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact ...


Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan, Alan R. Palmiter Jun 2018

Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan, Alan R. Palmiter

Brooklyn Law Review

During the year following the EPA’s proposed Clean Power Plan to regulate CO2 emissions in the power sector, the largest investor-owned electric utilities engaged in a curious triplespeak. Employing the moral language of political conservatives, the utilities focused on whether and how the EPA had transgressed its “traditional” regulatory role, thus altering the “structure” of energy federalism and potentially “degrading” orderly power supplies. In disclosure filings with the Securities and Exchange Commission, the utilities used the moral language of political libertarians, focusing on the “financial risks” that federal government “intervention” poses to efficient power “markets” and to the “freedom ...


Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender May 2018

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim ...


Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy May 2018

Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned May 2018

Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned

Environmental and Earth Law Journal (EELJ)

No abstract provided.


From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall May 2018

From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor May 2018

Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor

Environmental and Earth Law Journal (EELJ)

No abstract provided.


The Lights Are On: Shining A Spotlight On The Retail Energy Market Reveals The Need For Enhanced Consumer Protections, Carrie A. Scrufari May 2018

The Lights Are On: Shining A Spotlight On The Retail Energy Market Reveals The Need For Enhanced Consumer Protections, Carrie A. Scrufari

Fordham Environmental Law Review

No abstract provided.


Protecting States In The New World Of Energy Federalism, Daniel A. Lyons May 2018

Protecting States In The New World Of Energy Federalism, Daniel A. Lyons

Boston College Law School Faculty Papers

In a trilogy of recent cases, the Supreme Court has launched a quiet revolution in energy federalism. With little fanfare, it has abandoned its decades-long effort to divide electricity regulation into mutually exclusive spheres of federal and state authority. Instead it has embraced a more sophisticated concurrent jurisdiction model—against the wishes of Justice Scalia, who opposed this transformation in his final published dissent.

This Article explores the ramifications of this revolution, particularly for state energy regulators. The shift to concurrent jurisdiction is long overdue. The historic model of the local vertically integrated utility has long been replaced by regional ...


California V. U.S. Bureau Of Land Management, Oliver F. Wood Apr 2018

California V. U.S. Bureau Of Land Management, Oliver F. Wood

Public Land and Resources Law Review

The United States District Court for the Northern District of California granted a preliminary injunction against the Bureau of Land Management from implementing the Suspension Rule, which would delay the requirements of the Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule. Additionally, the court denied the BLM and intervening third parties’ motion to transfer venue to the District of Wyoming. The court held the plaintiffs were entitled to a preliminary injunction because the BLM did not provide a reasoned analysis for the Suspension Rule. This failure to provide meaningful notice and comment was an arbitrary and capricious abuse ...


California Energy Policy Alternatives For Commercial Buildings To Create Energy Resiliency, Reduce Carbon Emissions, And Lessen Dependency On Electrical Utilities For The Future California Economy, Russell Garcia Apr 2018

California Energy Policy Alternatives For Commercial Buildings To Create Energy Resiliency, Reduce Carbon Emissions, And Lessen Dependency On Electrical Utilities For The Future California Economy, Russell Garcia

Dissertations

Purpose: The purpose of this Policy Delphi study was to identify and assess the energy efficiency policies for commercial buildings in California that experts believe are most important and likely to be implemented by the year 2025 to create energy resiliency, reduce carbon emissions, and lessen dependency on electrical utilities in the future California economy. Methodology: The methodology for this Policy Delphi study was descriptive, and used to forecast the future relative energy policy for energy efficiency in commercial buildings in California. Inside the theoretical framework of policy analysis, this Policy Delphi study was designed around the insights of a ...


It's Always Sunny In Florida: Reexamining The Role Of Energy Monopolies After Recent Solar Ballot Initiatives, Lauren Gillespie Apr 2018

It's Always Sunny In Florida: Reexamining The Role Of Energy Monopolies After Recent Solar Ballot Initiatives, Lauren Gillespie

William & Mary Environmental Law and Policy Review

No abstract provided.


The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith Apr 2018

The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith

Robert Desiderio

No abstract provided.


Recent Case Decisions Apr 2018

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Neil Gorsuch: On Energy And Environmental Law, Benjamin Warden Apr 2018

Neil Gorsuch: On Energy And Environmental Law, Benjamin Warden

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Murr V. Wisconsin: A Necessary Evil?, Sha’Kera Trimble Apr 2018

Murr V. Wisconsin: A Necessary Evil?, Sha’Kera Trimble

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports, Patrick R. Pennella Apr 2018

Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports, Patrick R. Pennella

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.