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2494 full-text articles. Page 1 of 63.

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson 2017 University of New Mexico

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson

Natural Resources Journal

No abstract provided.


Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert 2017 University of New Mexico

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.


Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman 2017 University of New Mexico

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.


What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan 2017 Elisabeth Haub School of Law at Pace University

What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan

Pace Environmental Law Review

This analysis is accompanied by a study of a 2015 ruling of the Supreme Court of Oklahoma, Ladra v. New Dominion, LLC. The case considered the possibility of a private tort action by homeowners against the operators of injection wells proceeding within the state’s judicial system, rather than simply being subject to review by a state regulatory agency. The court ultimately decided that the case would be allowed to continue within the judicial system instead of in front of a regulatory agency. This case, while not providing a “silver bullet” precedent with which future claimants can automatically win their ...


Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main 2017 Elisabeth Haub School of Law at Pace University

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 ...


The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien 2017 Pace University

The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien

Pace Environmental Law Review

This paper focuses on this second wave of WTO RE disputes. It will assess whether or to what extent policy instruments requiring increased use of RE in national electricity grids, notably FiT, RPS and EA regulations, are consistent with WTO legal obligations. Part II of this paper will discuss energy markets, and the issues that are presented through incorporation of RE into national grids. Part III will shift focus to the WTO. It will introduce the WTO and relevant WTO law, with a particular emphasis on the Appellate Body’s conclusion in its Canada – RE/FiT report. Part IV will ...


Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter 2017 University of New Mexico

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.


Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist 2017 University of New Mexico

Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist

Natural Resources Journal

No abstract provided.


Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton 2017 University of New Mexico

Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton

Natural Resources Journal

No abstract provided.


Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai 2017 University of New Mexico

Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai

Natural Resources Journal

No abstract provided.


Bargaining For Power: Resolving Open Questions From Nrg Power Marketing, Llc V. Maine Public Utlitities Commission, Michael Keegan 2017 University of Maine School of Law

Bargaining For Power: Resolving Open Questions From Nrg Power Marketing, Llc V. Maine Public Utlitities Commission, Michael Keegan

Maine Law Review

Many industries are subject toregulation, whether by the federal government,the state, or both. Electric utilitycompanies’ retail rates are subject to regulationby the states, and their wholesale ratesharged among enterprises involved in providing the electric power to retail sellers are regulated by the federal government. Under the Federal Power Act of 1935 (“FPA”), the Federal Energy Regulatory Commission (“FERC”) is responsible for ensuring that rates for wholesale electric power sales and electric transmission are “just and reasonable.” The “classic scheme” of administrative rate setting called for rates to be established unilaterally by the regulated companies and set forth in rate ...


The Renewable Fuel Standard: Food Versus Fuel?, Brent J. Hartman 2017 University of Maine School of Law

The Renewable Fuel Standard: Food Versus Fuel?, Brent J. Hartman

Maine Law Review

Created by the Energy Act of 2005 and substantially amended by the Energy Independence and Security Act of 2007, the Renewable Fuel Standard (RFS) mandates an increasing amount of fuel from renewable sources that must be blended into the transportation fuel supply of the United States. Starting in 2008, RFS began with a mandated volume of nine billion gallons. By 2002, RFS requires blending 36 billion gallons of renewable fuel. Thus, in a little over a decade, RFS requires the amount of renewable fuel to quadruple. Meeting the targets of RFS would make substantial strides in energy security and independence ...


Allocating Power: Toward A New Federalism Balance For Electricity Transmission Siting, Kevin Decker 2017 University of Maine School of Law

Allocating Power: Toward A New Federalism Balance For Electricity Transmission Siting, Kevin Decker

Maine Law Review

Expansion and improvement of the nation’s electricity transmission system are crucial for increasing the amount of electricity generated by renewable energy sources. Renewable energy sources, such as wind and tidal, tend to be located far from population centers, and electricity transmission lines must bridge that gap. In addition to its importance for meeting renewable energy goals, a better connected and more robust transmission system also bolsters reliability because it can draw on many generation sources in the event that a generator or segment of the transmission network fails. And transmission facilitates generator competition by making it possible to transport ...


Lights Out: Decommissioning The American Nuclear Plant, Joseph D. McManus 2017 Pepperdine University

Lights Out: Decommissioning The American Nuclear Plant, Joseph D. Mcmanus

Journal of the National Association of Administrative Law Judiciary

This article seeks to examine the United States commercial nuclear power plant decommissioning process, a look into a subject that begins at the end of a nuclear plant's life. The subject is often overlooked in favor of the more dominant and controversial issue of when and where a federal spent nuclear fuel repository will be established. But to overlook the American nuclear plant decommissioning process would be a missed opportunity to understand what happens after a nuclear plant permanently ceases power operations-a process that has the potential to last decades and affect the plant's local community through economic ...


A Consent Decree Abroad: Extraterritorial Enforcement Of An Epa Consent Decree In United States V. Volvo Powertrain Corp., Marc C. Palmer 2017 Boston College Law School

A Consent Decree Abroad: Extraterritorial Enforcement Of An Epa Consent Decree In United States V. Volvo Powertrain Corp., Marc C. Palmer

Boston College Environmental Affairs Law Review

Although not as prominent in the public eye as automobile engines, emissions from non-road engines contribute significantly to global air pollution. In 2005, the United States Government fined Volvo Powertrain Corp. seventy-two million dollars for manufacturing non-road engines at its foreign subsidiary because these engines were not in compliance with emissions standards and therefore violated a consent decree between Volvo Powertrain Corp. and the federal government. In United States v. Volvo Powertrain Corp., the United States Court of Appeals for the D.C. Circuit upheld an interpretation of the consent decree and financial penalty put forth by the lower court ...


An Examination Of New York’S Martin Act As A Tool To Combat Climate Change, Ashley Poon 2017 Boston College Law School

An Examination Of New York’S Martin Act As A Tool To Combat Climate Change, Ashley Poon

Boston College Environmental Affairs Law Review

Environmental statutes and regulations in the United States have largely failed to comprehensively control the human activities that cause climate change. This Note examines a novel approach to the matter in the form of an investigation led by New York Attorney General Eric Schneiderman to discover how ExxonMobil incorporates its climate change research into its corporate governance, accounting, and business planning. Schneiderman’s investigation relies on the New York securities fraud statute, the Martin Act, to determine if the company has internally reached one conclusion about climate change in its research while promoting another to investors. ExxonMobil initially cooperated with ...


Inverse Condemnation And Fracking Disasters: Government Liability For The Environmental Consequences Of Hydraulic Fracturing Under A Constitutional Takings Theory, Joseph Belza 2017 Boston College Law School

Inverse Condemnation And Fracking Disasters: Government Liability For The Environmental Consequences Of Hydraulic Fracturing Under A Constitutional Takings Theory, Joseph Belza

Boston College Environmental Affairs Law Review

The practice of hydraulic fracturing, more commonly known as fracking, risks a number of dangerous environmental consequences. Notably, fracking operations can contaminate the underlying water table. Contamination of groundwater can disrupt the access of a nearby property to both potable drinking water and viable commercial irrigation. Usually, when a fracking operation results in this kind of groundwater contamination, affected plaintiffs sue the operator of the rig. This Note proposes that similarly situated plaintiffs also name a new defendant in these actions: the state agency that granted the fracking permit. The governmental actor could bear liability under a constitutional theory of ...


The Public Trust As An Antimonopoly Doctrine, Michael C. Blumm, Aurora Paulsen Moses 2017 Lewis & Clark Law School

The Public Trust As An Antimonopoly Doctrine, Michael C. Blumm, Aurora Paulsen Moses

Boston College Environmental Affairs Law Review

The public trust doctrine originated—and has persisted in American law—as antimonopoly protection. From the time of its recognition by American courts in the early nineteenth century, the doctrine has protected the public against private monopolization of natural resources, beginning with tidal waters and wild animals. Ensuing public trust case law has extended the scope of trust protection to other important natural resources, including non-tidal and non-navigable waters, and land-based resources like parks. Courts are now considering the trust doctrine’s application to the atmosphere. Although there is a considerable body of legal scholarship on the public trust, the ...


Earthreports, Inc. V. Ferc, Caitlin Buzzas 2017 Alexander Blewett III School of Law at the University of Montana

Earthreports, Inc. V. Ferc, Caitlin Buzzas

Public Land and Resources Law Review

In EarthReports, Inc. v. FERC the Court ruled that when a state challenges a liquefied natural gas (“LNG”) export project, this should target the Department of Energy, not the Federal Energy Regulatory Commission.


The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit 2017 University of Michigan Law School

The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit

Michigan Law Review

Review of Struggling for Air: Power and the "War On Coal" by Richard L. Revesz and Jack Leinke, and Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America by Paul Nolette.


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