Seattle University School of Law
GableGotwals
University of Minnesota Law School
Washington and Lee University School of Law
Forhdam University School of Law
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation,
2020
University of New Mexico
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.
Revisiting The Public Utility,
2019
Selected Works
Revisiting The Public Utility, Jim Rossi, Morgan Ricks
Morgan Ricks
This foreword introduces "Revisiting the Public Utility," a series of essays published in a special issue of Yale Journal on Regulation. We cluster the contributions to this issue around public utility regulation’s core rationales and its scope, its implications for innovation and industry stability, and its evolving approach to price regulation. The scholarship represented in this issue challenges the notion that public utility ideas are obsolete or irrelevant to modern issues in economic regulation. It questions whether public utility regulation has fallen short of its goals, and shows that there are some good reasons to question many embedded regulatory ...
Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure,
2019
Elisabeth Haub School of Law at Pace University
Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks
Pace Environmental Law Review
Natural disasters and climate change have made it apparent that energy infrastructure needs to be modernized and microgrids are one type of technology that can help the electricity grid become more resilient, reliable, and efficient. Different states have begun developing microgrid pilot projects including California, New York, Connecticut, and Pennsylvania. The City of Pittsburgh, Pennsylvania is the first city to propose implementing “energy districts” of microgrids that will serve as critical infrastructure, in the first phase, and then expand to commercial and community settings. This large project involves many shareholders including public utilities, government agencies, and private entities. Utilizing microgrids ...
Law, Cultural Heritage, And Climate Change In The United States,
2019
Babst, Calland, Clements & Zomnir
Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder
Pace Environmental Law Review
Climate change is a reality. What happens climatically over the upcoming centuries is partially dependent on the comprehensiveness of a global response to curb emissions of greenhouse gases. However, within a century, forecasts predict a one-meter sea level rise that could have grave implications to our society: the loss of an incalculable extent of cultural heritage. This Article examines the threat climate change poses to physical cultural heritage, like archaeological sites and historic structures, and the current framework of law, regulation, and policy in the United States meant to protect these resources. This Article blends research and data from climate ...
State Public Nuisance Claims And Climate Change Adaptation,
2019
University of California, Davis, School of Law
State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger
Pace Environmental Law Review
This Article explores the potential for state public nuisance claims to facilitate adaptation, resource protection, and other climate change responses by coastal communities in California. The California public nuisance actions represent just the latest chapter in efforts to spur responses to climate change and attribute responsibility for climate change through the common law. Part II of this Article describes the California public nuisance lawsuits and situates them in the context of common law actions directed against climate change. Part III considers the preliminary defenses that defendants have raised and could raise in the California public nuisance lawsuits, including the existence ...
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Recent Case Decisions,
2019
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Local Content Policies In The Petroleum Industry: Lessons Learned,
2019
University of Oklahoma College of Law
Local Content Policies In The Petroleum Industry: Lessons Learned, Eduardo G. Pereira, Christopher Mathews, Heike Trischmann
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Curative Pooling When The Validity Of An Oil And Gas Lease Is Challenged (Force Pooling The Top Lessee),
2019
University of Oklahoma College of Law
Curative Pooling When The Validity Of An Oil And Gas Lease Is Challenged (Force Pooling The Top Lessee), Matt Allen
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction,
2019
University of Oklahoma College of Law
Editor's Introduction, Collin Mccarthy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Dirty Waste—How Renewable Energy Policies Have Financed The Unsustainable Waste-To-Energy Industry,
2019
Boston College Law School
A Dirty Waste—How Renewable Energy Policies Have Financed The Unsustainable Waste-To-Energy Industry, Hale Mcanulty
Boston College Law Review
The end of the 20th Century saw a major shift in the United States’ approach to energy policy. After decades focused on fossil fuel production, the country began to realize that renewable sources of energy were the way of the future. Motivated by environmental concerns and a realization that oil is a finite resource, the federal government and local governments began adopting economic policies that rewarded investment in and production of renewable, clean technology. Governments relied on both mandates and tax incentives to encourage the use of energy from sources like solar and wind power. Waste-to-Energy (“WTE”) power is another ...
Wildearth Guardians V. United States Bureau Of Land Management,
2019
University of Montana School of Law
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.
Solenex Llc V. Jewell,
2019
Alexander Blewett III School of Law at the University of Montana
Solenex Llc V. Jewell, F. Aaron Rains
Public Land & Resources Law Review
In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the ...
Sierra Club V. Virginia Electric & Power Company,
2019
Alexander Blewett III School of Law at the University of Montana
Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers
Public Land & Resources Law Review
The Sierra Club alleged Dominion violated the Clean Water Act by allowing arsenic to leak from coal ash storage pits into state waters. The Fourth Circuit Court of Appeals found for the polluter, using a narrow definition of point source. Additionally, the Fourth Circuit deferred to agency interpretation of the polluter’s permit to find no violation occurred.
Massachusetts Lobstermen’S Association V. Ross,
2019
Alexander Blewett III School of Law at the University of Montana
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Public Land & Resources Law Review
President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects ...
Pipelines & Power-Lines: Building The Energy Transport Future,
2019
Southern Methodist University, Dedman School of Law
Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman
Faculty Scholarship
The United States is in the middle of three profound energy revolutions — with booming production of renewable power, natural gas, and oil. The country is replacing coal power with renewable and natural gas power, reducing pollution while saving consumers money. And it has dramatically cut its oil imports while becoming, for the first time in half a century, an important oil exporter. The U.S. is on the cusp of an energy transformation that will provide immense economic and environmental benefits.
This new energy economy will require massive investment in energy transport — especially power lines to bring wind and solar ...
Energy Competition: From Commodity To Boutique & Back,
2019
Southern Methodist University, Dedman School of Law
Energy Competition: From Commodity To Boutique & Back, James W. Coleman
Faculty Scholarship
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 ...
Recent Case Decisions,
2018
University of Oklahoma College of 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,
2018
University of Oklahoma College of Law
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,
2018
University of Oklahoma College of Law
The State Of The Us Energy Sector, Joshua D. Rhodes, Phd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
