Seattle University School of Law
GableGotwals
University of Minnesota Law School
Washington and Lee University School of Law
Forhdam University School of Law
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 ...
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights,
2018
Alexander Blewett III School of Law at the University of Montana
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,
2018
Haub School of Environment and Natural Resources and the University of Wyoming College of Law
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,
2018
University of Denver Sturm College of Law
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 ...
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process,
2018
Alexander Blewett III School of Law at the University of Montana
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 ...
Keeping Power In Charge: Federal Hydropower And The Downstream Environment,
2018
University of New Mexico School of Law
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,
2018
Alexander Blewett III School of Law at the University of Montana
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,
2018
Alexander Blewett III School of Law at the University of Montana
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 ...
Friends Of Animals V. United States Fish & Wildlife Service,
2018
Alexander Blewett III School of Law at the University of Montana
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 ...
Recent Case Decisions,
2018
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Sovereign Lands,
2018
University of Oklahoma College of Law
Sovereign Lands, Melissa Dixon
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Wyoming,
2018
University of Oklahoma College of Law
Wyoming, John R. Chadd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia,
2018
University of Oklahoma College of Law
West Virginia, Andrew Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia,
2018
University of Oklahoma College of Law
Virginia, Zachary H. Barrett, Sierra Williams
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah,
2018
University of Oklahoma College of Law
Utah, Jim Tartaglia
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas,
2018
University of Oklahoma College of Law
Texas, Don Hueske, Ashley Howie Tallichet
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tennessee,
2018
University of Oklahoma College of Law
Tennessee, Westley A. Ketron
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania,
2018
University of Oklahoma College of Law
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oklahoma,
2018
University of Oklahoma College of Law
Oklahoma, Matt Schlensker, Justin Fisher
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
