Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Oklahoma College of Law (57)
- University of Montana (14)
- American University Washington College of Law (11)
- Pace University (8)
- Barry University School of Law (4)
-
- SJ Quinney College of Law, University of Utah (3)
- Selected Works (3)
- Texas A&M University School of Law (3)
- University of Denver (2)
- Brooklyn Law School (1)
- City University of New York (CUNY) (1)
- Columbia Law School (1)
- Seattle University School of Law (1)
- University of Maine School of Law (1)
- University of San Diego (1)
- Keyword
-
- Environmental law (11)
- Climate change (9)
- Alexander Blewett III School of Law (5)
- ESA (5)
- Endangered Species Act (5)
-
- Environmentalism (5)
- Moot court (5)
- NELMCC (5)
- NEPA (5)
- National Environmental Law Moot Court Competition (5)
- Natural resources law (5)
- Public Land & Resources Law Review (5)
- Renewable energy (5)
- EPA (4)
- Indian law (4)
- Mexico (4)
- Montana Law (4)
- National Environmental Policy Act (4)
- Native American law (4)
- Natural Resources (4)
- PLRLR (4)
- Public lands (4)
- Public lands law (4)
- University of Montana Law School (4)
- Animal law (3)
- Environment (3)
- Law (3)
- APA (2)
- Animals (2)
- Clean Energy Standard (2)
- Publication
-
- Oil and Gas, Natural Resources, and Energy Journal (57)
- Public Land & Resources Law Review (14)
- Sustainable Development Law & Policy (11)
- Pace Environmental Law Review Online Companion (5)
- Environmental and Earth Law Journal (EELJ) (4)
-
- Pace Environmental Law Review (3)
- Faculty Scholarship (2)
- Guillermo J. Garcia Sanchez (2)
- Sturm College of Law: Faculty Scholarship (2)
- Utah Law Faculty Scholarship (2)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- Faculty Publications (1)
- Publications and Research (1)
- Ryan B. Stoa (1)
- San Diego Journal of Climate & Energy Law (1)
- Seattle University Law Review (1)
- Texas A&M Law Review (1)
- Utah Law Review (1)
- Publication Type
Articles 1 - 30 of 111
Full-Text Articles in Energy and Utilities Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Uniting Energy And Environmental Law: Focus On Innovation, Creativity, And Economics, Inara Scott
Uniting Energy And Environmental Law: Focus On Innovation, Creativity, And Economics, Inara Scott
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The State Of The Us Energy Sector, Joshua D. Rhodes, Phd
The State Of The Us Energy Sector, Joshua D. Rhodes, Phd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Turning The Tide In Coastal And Riverine Energy Infrastructure Adaptation: Can An Emerging Wave Of Litigation Advance Preparation For Climate Change?, Dena Adler
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor’S Introduction, Collin Mccarthy
Editor’S Introduction, Collin Mccarthy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier
The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier
Pace Environmental Law Review
The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes in the agricultural …
Costs And Consequences Of Wake Effects Arising From Uncoordinated Wind Energy Development, J.K. Lundquist, K.K. Duvivier, D. Kaffine, J.M. Tomaszewski
Costs And Consequences Of Wake Effects Arising From Uncoordinated Wind Energy Development, J.K. Lundquist, K.K. Duvivier, D. Kaffine, J.M. Tomaszewski
Sturm College of Law: Faculty Scholarship
Optimal wind farm locations require a strong and reliable wind resource and access to transmission lines. As onshore and offshore wind energy grows, preferred locations become saturated with numerous wind farms. An upwind wind farm generates ‘wake effects’ (decreases in downwind wind speeds) that undermine a downwind wind farm’s power generation and revenues. Here we use a diverse set of analysis tools from the atmospheric science, economic and legal communities to assess costs and consequences of these wake effects, focusing on a West Texas case study. We show that although wake effects vary with atmospheric conditions, they are discernible in …
President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler
President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler
Faculty Publications
Recent presidents including Bill Clinton, G. W. Bush, and Barack Obama have refined how environmental law has been enacted and carried out. Under President Trump, the scope of public environmental law will most certainly narrow. It seems likely that the future of environmental law will depend not upon traditional federal command-and-control legislation or executive branch maneuvering, but instead upon activating environmentalism through expanded substantive areas and innovative regulatory techniques that fall outside the existing, traditional norms of environmental law and legal scholarship. This chapter is an attempt to acknowledge this monumental change, recognizing that these barriers to traditional environmental regulation …
Measuring Brief (Fossil Creek Watchers, Inc.), Lowell J. Chandler, Nathan A. Burke
Measuring Brief (Fossil Creek Watchers, Inc.), Lowell J. Chandler, Nathan A. Burke
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Enerprog, Llc), Mehrded Safvati, Joshua Smith, Gabriela S. Perez
Measuring Brief (Enerprog, Llc), Mehrded Safvati, Joshua Smith, Gabriela S. Perez
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Epa), Zachary Jones, Narayan Subramanian, Shravya Govindgari
Measuring Brief (Epa), Zachary Jones, Narayan Subramanian, Shravya Govindgari
Pace Environmental Law Review Online Companion
No abstract provided.
2018 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2018 Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski
Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey
Public Land & Resources Law Review
Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor …
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Public Land & Resources Law Review
As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Public Land & Resources Law Review
Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages special-interest …
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Public Land & Resources Law Review
No abstract provided.
Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic
Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic
Public Land & Resources Law Review
No abstract provided.
Center For Biological Diversity V. Zinke, Ryan Hickey
Center For Biological Diversity V. Zinke, Ryan Hickey
Public Land & Resources Law Review
The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Sovereign Lands, Melissa Dixon
Sovereign Lands, Melissa Dixon
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Wyoming, John R. Chadd
Wyoming, John R. Chadd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia, Andrew Graham
West Virginia, Andrew Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia, Zachary H. Barrett, Sierra Williams
Virginia, Zachary H. Barrett, Sierra Williams
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah, Jim Tartaglia
Utah, Jim Tartaglia
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas, Don Hueske, Ashley Howie Tallichet
Texas, Don Hueske, Ashley Howie Tallichet
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.