Energy and Utilities Law Commons^™

Regulatory Abdication In Practice, Cary Coglianese

All Faculty Scholarship

“Meta-regulation” refers to deliberate efforts to induce private firms to create their own internal regulations—a regulatory strategy sometimes referred to as “management-based regulation” or even “regulation of self-regulation.” Meta-regulation is often presented as a flexible alternative to traditional “command-and-control” regulation. But does meta-regulation actually work? In her recent book, Meta-Regulation in Practice: Beyond Normative Views of Morality and Rationality, Fiona Simon purports to offer a critique of meta-regulation based on an extended case study of the often-feckless process of electricity regulatory reform undertaken in Australia in the early part of this century. Yet neither Simon’s case study nor her book …

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …

Sustainable Development: Energy, Justice, And Women, Lakshman Guruswamy

Publications

This article will first offer a functional synopsis relevant to its remit, of the concept of sustainable development (SD) embodied in international law and policy that reflects a tension between economic and social claims as contrasted with environmental protection. While the dominant place acquired by the economic and social dimensions of SD will be recognized, it will argue consistent with the predicate of justice discussed in the article, that the protection of the human environment encompasses the plight of the energy poor and their women and children. Second, the article will delineate the contours of one of the great developmental …

The Fine Print Of The Mexican Energy Reform, Guillermo J. Garcia Sanchez

Faculty Scholarship

Five years ago, when Mexico transformed its energy sector, most commentators were worried about the government’s capacity to implement the reform. What would the upstream contracts look like? Would the auctions be transparent? How would international companies react? After two successful auction rounds, 107 signed contracts, and the creation of viable regulatory agencies to manage and monitor the reform agenda, the questions have changed. Today, Mexico’s capacity to implement energy reforms and attract foreign investment is no longer in doubt. Today, the most pressing questions about the reform concern its long-term sustainability. Can it survive the Mexican electoral cycles? Will …

Mexico's Energy Reform And The 2012 U.S.-Mexico Transboundary Agreement. An Opportunity For Efficient, Effective And Safe Exploitation Of The Gulf Of Mexico, Guillermo J. Garcia Sanchez

Faculty Scholarship

Nature knows no legal boundaries. Resources cannot be stopped by walls with barbwire; no matter how high some people want to build them. They cross- national territories and expand under their logic. They belong to many nations, and they are there for the responsible exploitation of their communities. The Gulf of Mexico (Gulf) and its rich hydrocarbon deposits are no exceptions. The implication of this is that for the development of this enclosed sea area to be efficient, effective, and safe it requires not only the cooperation of government officials but also the inclusion of other actors, such as academic …

Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa

Environmental Law Program Publications @ Haub Law

From the foreword by Durwood Zaelke, President, Institute for Governance & Sustainable Development, Washington, DC.

“Since the beginning of time, human knowledge and culture have been passed down through stories. Short stories, songs, prayers, poems, even paintings can stick in your mind forever. These have always been the most powerful ways we learn and remember.

Tony is not only one of the world’s greatest lawyers, he is also one of the world’s greatest storytellers.

This book, in which he generously shares his experiences, his scars, and most importantly his humanity, is Tony’s gift to generations to come.

But he does …

Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi

Dissertations & Theses

The marine environment has unique characteristics that distinguish it from other elements of nature. Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving biological and climatic balance on the planet. The marine environment also plays an important role in human life, since it has plenty of nutritious and industrial resources that directly affect human welfare. It also contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of the world. Moreover, seas are considered a source of freshwater through resorting to desalination of seawater …

Model Law On Lighting For Developing Countries, Lakshman Guruswamy, Audrey M. Huang, Mahir Haque, Ugyen Tshering

Publications

No abstract provided.

Introduction To Model Laws On Lighting, Lakshman Guruswamy

Publications

No abstract provided.

Model Law On Lighting For Developed Countries, Lakshman Guruswamy, Jason Aamodt, Anne Aguirre, Yazan Fattaleh, Gianna Fitzsimmons, Teresa Milligan, Giedre Stasiunaite

Publications

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

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 …

“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …

Slides: Adapting To Climate Change: Lessons Learnt From The Australian Water Experience, Will Fargher

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Will Fargher, National Water Commission, Australian Government

18 slides [4 have titles only and are missing images]

Slides: Environmental Water In Australia, Chris Arnott

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Chris Arnott, Managing Director, Alluvium Consulting

30 slides

How Can The Rural Energy Poor Obtain Appropriate Sustainable Energy Technologies?, Michael Waggoner

Publications

Solutions to a current serious problem for the rural energy poor might best be found at least in part in older practices.

The problem comes from cooking over open fires, impairing the health of the cook and of others in her family, using fuel so inefficiently as to threaten forests, and releasing soot that contributes to global warming. Small, cheap, reliable cooking stoves could address these issues, improving health by reducing smoke and exhausting it through a chimney and thus away from the cook, using fuel more efficiently so that less needs to be gathered, and more completely burning the …

Governance, Technology, And The Search For Modernity In Kenya, Warigia M. Bowman

Articles, Chapters in Books and Other Contributions to Scholarly Works

An ICT policy that produces broad access quickly is better than one that does not. Accordingly, success in ICT policymaking can be measured by three empirical measures: speed of passage, scope of implementation, and distribution, as well as one normative measure, process. "Process" represents an important normative dimension of ICT policymaking. Process measures the extent to which the ICT policymaking involves the citizenry, as represented by individuals, civil society groups, local private sector groups, and ideally, urban and rural residents ("wananchi "). Kenya is a case of slow speed of passage, low scope of implementation, low distribution, but high process. …

Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law

World Energy Justice Conference (October 23-24)

The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).

The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law …

A Realistic Evaluation Of Climate Change Litigation Through The Lens Of A Hypothetical Lawsuit, Shi-Ling Hsu

Scholarly Publications

Several dozen cases that can be classified as "climate change litigation" have been filed worldwide, and legal scholars have already generated a considerable amount of writing on the phenomenon. The debate and scholarship has sometimes gotten ahead of itself, reflecting on the normative implications of outcomes that are still speculative at this point. This Article seeks to ground this debate by analyzing the actual legal doctrines that may serve as bases for liability, and seeks to make a realistic evaluation of the likelihood of success of these types of suits. Climate change litigation, in its various forms, raises issues of …

Politics, Institutions, And Outcomes: Electricity Regulation In Argentina And Chile, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

Risk, whether market or political, is an important determinant of private investment decisions. One important risk, subject to control by the government, is the risk associated with the hold-up problem: governments can force utilities to shoulder burdensome taxes, to use input factors ineffectively, or to charge unprofitable rates for their service. To attract private investment governments must be able to make commitments to policies that are nonexpropriative (either to contracts that guarantee very high rates of return or to favorable regulatory policies). These commitments, of course, must be credible.

Judgments about the credibility of commitments to regulatory policies are based …

Energy And Environmental Challenges For Developed And Developing Countries, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Energy for development utilizing traditional supply investments, estimated to cost $1.4 - $4 trillion through 2010, will be unaffordable both for recipients and lenders. The capital required, even if obtainable, would squeeze out capital for all other development requirements and would pose unacceptable environmental and cleanup costs. Upgrading existing energy supply systems would cost a fraction of new supply. Energy efficiency and environmentally benign renewables can at least halve new supply capital requirements and avoid their environmental costs. Least cost planning by lenders and recipients, on the basis of total system life cycle costs, for both energy and non-energy related …

Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

Proceedings of the Sino-American Conference on Environmental Law (August 16)

On August 16 through 18, 1987 a delegation of 10 Americans met with a 14-member Chinese delegation to compare the systems of environmental law in the two countries. The meetings were held on and near the campus of the University of Peking in Beijing, People's Republic of China. This program was the fruition of nearly three years of discussion, planning, and organization involving Dean Betsy Levin and the Natural Resources Law Center.

The keynote speaker was Qu Geping, Director of the Chinese National Environmental Protection Bureau (comparable to the Administrator of the U.S. Environmental Protection Agency). He spoke of the …

Air Protection And Energy Usage, Han Chen Wang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.

Water Pollution Control And Management In China, Xing Xiang Zhu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

11 pages.