Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (21)
- Pace University (14)
- SelectedWorks (9)
- Columbia Law School (8)
- University of Richmond (7)
-
- Selected Works (6)
- Texas A&M University School of Law (5)
- Pepperdine University (3)
- University of Montana (3)
- American University Washington College of Law (2)
- Barry University School of Law (2)
- Fordham Law School (2)
- University of Georgia School of Law (2)
- Vanderbilt University Law School (2)
- BLR (1)
- Brooklyn Law School (1)
- Florida A&M University College of Law (1)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- Southern Methodist University (1)
- Technological University Dublin (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Cincinnati College of Law (1)
- University of Florida Levin College of Law (1)
- University of Miami Law School (1)
- University of New Mexico (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Faculty Scholarship (9)
- Environmental Law Program Publications @ Haub Law (6)
- Publications (5)
- University of Richmond Law Review (5)
- Columbia Center on Sustainable Investment Staff Publications (4)
-
- Elisabeth Haub School of Law Faculty Publications (4)
- Pace Environmental Law Review (4)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (4)
- Joshua P Fershee (3)
- Pepperdine Law Review (3)
- Public Land & Resources Law Review (3)
- Felix Mormann (2)
- Fordham Environmental Law Review (2)
- Law Faculty Publications (2)
- Prof. Elizabeth Burleson (2)
- Sabin Center for Climate Change Law (2)
- Scholarly Works (2)
- Sustainable Development Law & Policy (2)
- The Future of Natural Resources Policy (December 6) (2)
- The Promise and Peril of Oil Shale Development (February 5) (2)
- Vanderbilt Law School Faculty Publications (2)
- Akron Law Review (1)
- Amy L. Stein (1)
- Barry Law Review (1)
- Best Practices for Community and Environmental Protection (October 14) (1)
- Brooklyn Journal of International Law (1)
- Catholic University Law Review (1)
- Daniel Hare (1)
- Energy Field Tour 2003 (August 11-16) (1)
- Environmental and Animal Law (1)
- Publication Type
Articles 1 - 30 of 102
Full-Text Articles in Environmental Law
Building A Cleaner, More Resilient Energy System In Cuba: Opportunities And Challenges, Korey Silverman-Roati, Daniel Whittle, Romany M. Webb, Jeffrey P. Fralick, Lila Harmar
Building A Cleaner, More Resilient Energy System In Cuba: Opportunities And Challenges, Korey Silverman-Roati, Daniel Whittle, Romany M. Webb, Jeffrey P. Fralick, Lila Harmar
Sabin Center for Climate Change Law
Cuba’s energy sector is at a crossroads. The country’s mostly fossil fuel-fired energy system faces a number of longstanding and serious challenges, including breakdowns at aging power plants, decreasing fuel imports and fuel shortages, and the growing threat of climate change-related disruptions. In recent years, Cuba has seen frequent electric blackouts and brownouts that have affected residents, businesses, and government institutions island wide.
Compounding these problems, Cuba is facing a severe economic crisis. In 2022, year-on-year inflation was 39% (down from 77% in 2021). While inflation is estimated to have dropped to 30% in 2023, the price of food increased …
Energy Justice And Renewable Rikers, Rebecca Bratspies
Energy Justice And Renewable Rikers, Rebecca Bratspies
University of Miami Law Review
Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …
Virtual Energy, Joel B. Eisen, Felix Mormann, Heather E. Payne
Virtual Energy, Joel B. Eisen, Felix Mormann, Heather E. Payne
Faculty Scholarship
From employment to education, many areas of our daily lives have gone virtual, including the virtual workplace and virtual classes. By comparison, the way we generate, deliver, and consume electricity is an anachronism. And the electric industry’s outdated business model and regulatory framework are failing. For the last century-and-a-half, we have relied on ever larger power plants to generate the electricity we consume, often hundreds of miles away from the point of production. But the outsized carbon footprint of these power plants and the need to transmit their output over long distances threaten the electric grid’s reliability, affordability, and long-term …
Grid Governance In The Energy-Trilemma Era: Remedying The Democracy Deficit, Daniel E. Walters, Andrew N. Kleit
Grid Governance In The Energy-Trilemma Era: Remedying The Democracy Deficit, Daniel E. Walters, Andrew N. Kleit
Faculty Scholarship
Transforming the electric power grid is central to any viable scenario for addressing global climate change, but the process and politics of this transformation are complex. The desire to transform the grid creates an “energy trilemma” involving often conflicting desires for reliability, cost, and decarbonization; and, at least in the short run, it is difficult to avoid making tradeoffs between these different goals. It is somewhat shocking, then, that many crucial decisions about electric power service in the United States are made not by consumers or their utilities, nor by state public utilities commissions or federal regulators. Instead, for much …
Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan
Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan
Sustainable Development Law & Policy
Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential …
Shifting Away From Coal Power: Prioritizing Ratepayers And Communities Vs. Shareholders?, Shanti Gamper-Rabindran
Shifting Away From Coal Power: Prioritizing Ratepayers And Communities Vs. Shareholders?, Shanti Gamper-Rabindran
Pace Environmental Law Review
No abstract provided.
Energy Grid Decarbonization: A Tale Of Resistance And Compliance In Florida, Rachel Tennant
Energy Grid Decarbonization: A Tale Of Resistance And Compliance In Florida, Rachel Tennant
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Evaluating Climate Risk In Nepa Reviews: Current Practices And Recommendations For Reform, Romany M. Webb, Michael Panfil, Stephanie H. Jones, Dena Adler
Evaluating Climate Risk In Nepa Reviews: Current Practices And Recommendations For Reform, Romany M. Webb, Michael Panfil, Stephanie H. Jones, Dena Adler
Sabin Center for Climate Change Law
In recent years, policymakers, practitioners, and scholars have increasingly considered how climate change should factor into existing environmental review obligations, including review of U.S. federal agency actions under the 1969 National Environmental Policy Act (“NEPA”). Attention thus far has focused primarily on the critical question of how to account for an action’s contribution to climate change via direct, indirect, or cumulative greenhouse gas emissions. However, less focus has been given to the equally critical question of how actions will be affected by, and can prepare for, the impacts of climate change. This paper combines an extensive review of previously conducted …
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Public Land & Resources Law Review
The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …
An Instrumental Perspective On Power-To-Gas, Hydrogen, And A Spotlight On New York’S Emerging Climate And Energy Policy, Tade Oyewunmi
An Instrumental Perspective On Power-To-Gas, Hydrogen, And A Spotlight On New York’S Emerging Climate And Energy Policy, Tade Oyewunmi
Pace Environmental Law Review
No abstract provided.
Greening The Old New Deal: Strengthening Rural Electric Cooperative Supports And Oversight To Combat Climate Change, Gabriel Pacyniak
Greening The Old New Deal: Strengthening Rural Electric Cooperative Supports And Oversight To Combat Climate Change, Gabriel Pacyniak
Faculty Scholarship
New Deal cooperatives succeeded in electrifying rural America when for-profit utilities would not. Today, however, rural electric cooperatives are lagging behind when it comes to meeting the challenge of climate change. Cooperatives have collectively been slower to embrace the shift to low-carbon electricity than for-profit and municipal utilities and have served as a drag on state and federal clean energy and climate policies. This is partially because of the structural differences between cooperatives and other utilities, but also because of a weak and under-determined federal and state regulatory structure. A few cooperatives in Colorado and New Mexico are seeking to …
Preemption, I Think Not: Evaluating California’S Stored Energy Procurement Law Against Ferc Order 841, Raymond Richards
Preemption, I Think Not: Evaluating California’S Stored Energy Procurement Law Against Ferc Order 841, Raymond Richards
Pace Environmental Law Review
California’s Energy Storage Systems procurement mandate is a groundbreaking measure designed to supply more clean and reliable energy to the state by allowing the capture of power produced now to be used later. While this technology is still developing, a ready market for such resources will help advance capabilities and bring down cost. Federal Energy Regulatory Commission (“FERC”) Order 841 will springboard storage technology in regions covered by Regional Transmission Organizations (“RTOs”) by allowing storage providers non-discriminatory and accommodating access to the FERC wholesale markets. Although FERC’s new Order speaks directly to the issue of storage technology, it should not …
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Public Land & Resources Law Review
In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.
Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster
Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster
Indiana Law Journal
Despite worsening climate change threats, investment in energy—in the United States and globally—is dominated by fossil fuels. This Article provides a novel analysis of two pathways in corporate and securities law that together have the potential to shift patterns of energy investment.
The first pathway targets current investments and corporate decision-making. It includes efforts to influence investors to divest from owning shares in fossil fuel companies and to influence companies to address climate change risks in their internal decision-making processes. This pathway has received increasing attention, especially in light of the Paris Agreement and the Trump Administration’s decision to withdraw …
Energy Competition: From Commodity To Boutique & Back, James W. Coleman
Energy Competition: From Commodity To Boutique & Back, James W. Coleman
Faculty Journal Articles and Book Chapters
Energy products such as power, gas, and oil have long been the world’s premier commodities. Consumers demand that power and fuel are available when they want it and they prefer to pay less for it. Few know or care where their fuel or power comes from. So for years energy companies believed that efforts to differentiate their products were mostly ineffective — they were re-signed to compete on price in fierce global commodity markets. But in recent years, a new focus on regulating how energy commodities are produced has begun to splinter previously integrated energy markets, creating markets for boutique …
The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer
The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer
Barry Law Review
No abstract provided.
Good For You, Bad For Us: The Financial Disincentive For Net Demand, Jim Rossi, Michael P. Vandenbergh
Good For You, Bad For Us: The Financial Disincentive For Net Demand, Jim Rossi, Michael P. Vandenbergh
Michael Vandenbergh
This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of their product — and introduces the concept of net demand reduction (“NDR”) as a primary goal for the modern energy regulatory system. Net electricity demand must decrease substantially from projected levels for the United States to achieve widely-endorsed carbon targets by 2050. Although social and behavioral research has identified cost-effective ways to reduce electricity demand, state-of-the-art programs to curtail demand have not been implemented on a widespread basis. We argue that electric distribution utilities are important gatekeepers that can determine …
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
Felix Mormann
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 renewables. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to more cost-effectively promote renewable energy through capital markets and crowdfunding.
Federal support for renewable energy projects today comes primarily in the form of tax incentives such as accelerated depreciation and, critically, tax credits. Empirical evidence reveals that …
Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann
Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann
Felix Mormann
This article introduces an investor-oriented framework for the evaluation of renewable energy policy, applies these newly developed criteria to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.
The multi-trillion dollar task of scaling renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century. It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …
The Lights Are On: Shining A Spotlight On The Retail Energy Market Reveals The Need For Enhanced Consumer Protections, Carrie A. Scrufari
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.
Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa
Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa
Ryan B. Stoa
Marijuana legalization is sweeping the nation. Recreational marijuana use is legal in eight states. Medical marijuana use is legal in thirteen states. Only three states maintain an absolute criminal prohibition on marijuana use. Many of these legalization initiatives propose to regulate marijuana in a manner similar to alcohol, and many titles are variations of the "Regulate Marijuana Like Alcohol Act." For political and public health reasons the analogy makes sense, but it also reveals a regulatory blind spot. States may be using alcohol as a model for regulating the distribution, retail, and consumption of marijuana, but marijuana is much more …
Il Contributo Delle Compagnie Oil & Gas Nel Raggiungimento Degli Obiettivi Energetici E Climatici (How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change), Lisa E. Sachs, Nicolas Maennling, Perrine Toledano
Il Contributo Delle Compagnie Oil & Gas Nel Raggiungimento Degli Obiettivi Energetici E Climatici (How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change), Lisa E. Sachs, Nicolas Maennling, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
Nel settembre 2015, i governi di tutto il mondo hanno adottato17 Obiettivi di Sviluppo Sostenibile (Sustainable Development Goals – SDG) e, pochi mesi dopo – a dicembre – hanno firmatol’Accordo di Parigi. Queste azioni sono la riprova delrafforzamento del consenso globalecirca la necessità di frenare il cambiamento climatico indotto dalle attività antropiche e dipromuovere uno sviluppo sostenibilesu scala mondiale. I due concetti sono infatti strettamente legati: l’urgenza di affrontare il cambiamento climatico va inquadrata nella cornice degli sforzi globali tesi a ridurre la povertà, promuovere la crescita economica, rispettare i diritti umani e di inclusione sociale.
On September 2015, governments …
Free Trade In Electric Power, Joel Eisen
Free Trade In Electric Power, Joel Eisen
Law Faculty Publications
This Article develops the core legal framework of a new electricity-trading ecosystem in which anyone, anytime, anywhere, can trade electricity in any amount with anyone else. The proliferation of solar and other distributed energy resources, business model innovation in the sharing economy, and climate change present enormous challenges — and opportunities — for America’s energy economy. But the electricity industry is ill equipped to adapt to and benefit from these transformative forces, with much of its physical infrastructure, regulatory institutions, and business models a relic of the early days of electrification. We suggest a systematic rethinking to usher in a …
Under The Radar: The Cost And Benefits Of Wind Energy Through The Lens Of National Security, David N. Cassuto
Under The Radar: The Cost And Benefits Of Wind Energy Through The Lens Of National Security, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
This Article examines wind energy through the lens of national security. The benefit resides with helping the United States become energy independent. National-security concerns also present a cost because wind energy interferes with military radar, posing a potential threat to the systems that monitor possible attacks. This Article attempts to analyze the overall impact of wind energy while noting the inherent difficulties when so much uncertainty is involved in the process.
Part I of this Article discusses the benefits of wind energy. Part II examines its costs, specifically its interference with radar, and what that means for national security. This …
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo
Faculty Scholarship
As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U.S.-Mexico and U.S.- …
Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen
Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen
Fordham Environmental Law Review
No abstract provided.
How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change, Lisa E. Sachs, Nicolas Maennling, Perrine Toledano
How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change, Lisa E. Sachs, Nicolas Maennling, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
The sustainable development goals (SDGs) and the Paris Agreement lay out a global consensus on the need to curb human-induced climate change and to achieve sustainable development. These concepts are linked. The urgency of addressing climate change is critical for global efforts to reduce poverty and advance sustainable development, but also climate-change mitigation must be pursued in a manner consistent with ending poverty, promoting economic development, respecting human rights, and ensuring social inclusion. CCSI and the UN Sustainable Development Solutions Network (SDSN) have published a briefing note summarizing the ways in which international oil and gas companies can help expand …
Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main
Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main
Pace Environmental Law Review
This note argues that a dual jurisdictional approach to demand response programming is better suited to mitigate environmental harms than an “either-or” regulatory model. Through an exploration of FERC’s authority over wholesale demand response, state authority over retail-level demand response, and implications for electricity and capacity markets arising out of the Court’s decision in FERC v. EPSA, this note will offer effective legal mechanisms for mitigating environmental costs, while fostering environmental benefits. The next section of this note analyzes the strengths and weaknesses of state and federal regulatory approaches to demand response in isolation.
Based on this assessment, this note …
Pace Energy & Climate Center 2016 Annual Report, Pace Energy & Climate Center
Pace Energy & Climate Center 2016 Annual Report, Pace Energy & Climate Center
Environmental Law Program Publications @ Haub Law
The Center staff and many allies are deeply involved in the business of electric utility transformation. We live and work in a remarkable time. Decades of steady, thoughtful leadership on clean energy issues is now bearing fruit. Clean energy is not just the right thing to do, it is increasingly recognized as the right choice economically, technically, and for all members of society. Our work, especially in 2016, has been about making sure that we seize the moment and secure the benefits of clean energy use for all communities in New York, the Northeast U.S., across the country, and throughout …
Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago
Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago
Environmental Law Program Publications @ Haub Law
New York State is undergoing a rapid and unprecedented energy transformation, particularly in the electricity sector. As new resources and technologies emerge to meet the demands of 21st century life, regulators must balance the need for cost effective and equitable participation in wholesale power markets while maintaining reliability on the grid. Furthermore, it is critical that all New Yorkers participate fully in the promise of a revitalized and equitable energy future. Such a transformation requires that the needs of all communities are factored into the polices and regulations that move New York toward the bold goals set forth under its …