Energy and Utilities Law Commons^™

Remarks At The Eugene Kuntz Award Reception, Eric King

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Balancing On The Knife’S Edge: Subject Matter Jurisdiction In Climate Tort Litigation, Alli Niemiec

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Risky Business: Shining A Light With Corporate Climate-Related Disclosures In An Age Of Agency Skepticism, Brie Strickland Miller

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

It’S Not Easy Going Green: An Analysis Of The Greenwashing Phenomenon And Its Place In Federal Court Through The Case Of Mass. V. Exxonmobil Corp., Kelsey Lauerman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

East Asian Energy Transition: Opportunities, Challenge, And The Paris Agreement, Kody Hicks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Public Or Private? It Doesn’T Matter: An Analysis Of The Court/Agency Relationship As To The Issue Of Operator Designation, Kyle Garza

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Kelsey Lauerman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre

American Indian Law Journal

No abstract provided.

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.

Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson

American Indian Law Journal

No abstract provided.

Protecting The Environment In Times Of Armed Conflict: The 2023 Elisabeth Haub Award For Environmental Law And Diplomacy Transcript, Nicholas Robinson

Pace Environmental Law Review

2023 Elisabeth Haub Award for Environmental Law and Diplomacy honoring Ambassador Marja Lehto of Finland and Former Ambassador Marie Jacobsson of Sweden for their pivotal roles advancing environmental law and policy to protect the environment in times of armed conflict.

When It Rains, It Pours: Weather Modification Law In The United States And A Proposal For Federal Control, Brendan Woodruff

Pace Environmental Law Review

Though weather modification has been used as a strategy to address issues such as drought throughout history, there continues to be a lack of federal regulation addressing weather modification. This Note surveys state regulations on weather modification and examines the current status of how the federal government addresses weather modification. Ultimately, this Note makes the case for why the Department of the Interior should take on the federal regulation of weather modification.

Protecting Public Land From Trespass: Why The Six-Year Statute Of Limitations In 28 U.S.C. § 2415(B) Is Appropriate For All Trespass Cases On Federal Land, Zach Fader

Pace Environmental Law Review

The United States has the authority to bring claims for trespass on federal land under the statutes of the state in which the trespass occurs. Many states have statutes that codify and often alter the elements of common law trespass while also providing for double or treble damages. Thus, in cases of trespass on federal lands, the government is incentivized to bring claims under state trespass statutes. Doing so adds an alternate theory of liability and maximizes the opportunity to recover adequate damages. 28 U.S.C. § 2415(b), in part, sets a six-year statute of limitations for when the United States …

Fighting Climate Gentrification In The Courts, Samantha Blend

Pace Environmental Law Review

Climate gentrification, a specific type of gentrification that occurs when the impacts of climate change displace lower-income communities, will likely increase in severity as climate change worsens. While policies such as inclusionary zoning may be the most efficient way to combat climate gentrification, litigation can fill gaps that may arise in such policies. This Note examines potential causes of action for climate gentrification litigation and their likelihood of success. Based on an examination of the different causes of action and their likelihood of success, this Note concludes that climate gentrification litigation can help legitimize the issue of climate gentrification and …

The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens

University of Miami Inter-American Law Review

This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. …

Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer

Public Land & Resources Law Review

The Montana Supreme Court held a limited liability company owned by the Assiniboine and Sioux Tribes was not protected against a quiet title action by sovereign immunity.

Carrots, Sticks, And The Evolution Of U.S. Climate Policy, Brian Murray, Jonas Monast

Texas A&M Law Review

The Inflation Reduction Act (IRA), enacted by Congress in 2022, is the most significant federal investment in decarbonization in U.S. history. The law makes hundreds of billions of dollars available for clean energy tax credits, grants to state and local governments, and other financial incentives for public and private investments. The IRA’s focus on incentives, or “carrots,” marks a significant departure from the emphasis on prescriptive regulations and penalties, or “sticks,” that are prominent in federal and state climate policies that predate the IRA. This Article situates the IRA within the existing climate policy framework and explores the long-term impacts …

Left Behind: Funding Climate Action In The Global South, Chinonso Anozie

Texas A&M Law Review

Global clean energy transition envisions zero greenhouse gas emissions by 2050, as set by the United Nations. Consequentially, developed economies have made giant strides in reducing greenhouse gas emissions and achieving full decarbonization. However, the opposite remains true in the Global South, lagging in financing its climate action. Despite being disproportionately impacted by climate change, financial efforts by developed economies and the Global South have failed in placing the latter’s countries at par with clean energy investments of developed countries. Absent adequate financing of climate action in the Global South, the net zero goal will be nothing but a mirage. …

Turning Point: Green Industrial Policy And The Future Of U.S. Climate Action, Daniel A. Farber

Texas A&M Law Review

In the first two years of the Biden presidency, Congress passed three massive funding bills, which poured hundreds of billions of dollars into clean energy infrastructure, research and development, and deployment of clean energy. Although these bills are not what lawyers are accustomed to thinking of as “environmental law,” they have the potential to launch a transformation of the energy sector. This development could not have come at a better time, given the Supreme Court’s increasingly skeptical attitude toward federal regulation.

Although the direct effect of these laws will be dramatic, this Article focuses on positive feedback loops that will …

Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee

Public Land & Resources Law Review

In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …