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Intellectual Property Policies For Solar Engineering, Jesse L. Reynolds, Jorge L. Contreras, Joshua D. Sarnoff 2018 Utrecht University

Intellectual Property Policies For Solar Engineering, Jesse L. Reynolds, Jorge L. Contreras, Joshua D. Sarnoff

Utah Law Faculty Scholarship

Governance of solar geoengineering is important and challenging, with particular concern arising from commercial actors’ involvement. Policies relating to intellectual property, including patents and trade secrets, and to data access will shape private actors’ behavior and regulate access to data and technologies. There has been little careful consideration of the possible roles of and interrelationships among commercial actors, intellectual property, and intellectual property policy. Despite the current low level of commercial activity and intellectual property rights in this domain, we expect both to grow as research and development continue. Given the public good nature of solar geoengineering, the relationship between ...


Free Trade In Electric Power, Joel B. Eisen, Felix Mormann 2018 SJ Quinney College of Law, University of Utah

Free Trade In Electric Power, Joel B. Eisen, Felix Mormann

Utah Law Review

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 relics of the early days of electrification. This Article suggests a systematic rethinking to usher in a new ...


Beyond The Pipeline Wars: Reforming Environmental Assessment Of Energy Transport Infrastructure, James W. Coleman 2018 SJ Quinney College of Law, University of Utah

Beyond The Pipeline Wars: Reforming Environmental Assessment Of Energy Transport Infrastructure, James W. Coleman

Utah Law Review

In recent years, the role of transport infrastructure in energy markets has become a flashpoint for legal conflict. On one hand, the world is experiencing an unprecedented buildout of all kinds of energy transport: oil and gas pipelines, liquefied natural gas projects, power transmission, and port facilities for coal and oil. On the other hand, environmental advocates have increasingly insisted that pipelines and other transport projects should not be built if they would encourage fossil fuel production in markets “upstream” and fossil fuel consumption in markets “downstream” of these projects.

Governments have struggled with how to respond. President Obama famously ...


An Electrifying Expansion Of Judicial Review Of Agency Actions In Pseg Energy Resources & Trade Llc, Anna Nikolayeva 2018 Boston College Law School

An Electrifying Expansion Of Judicial Review Of Agency Actions In Pseg Energy Resources & Trade Llc, Anna Nikolayeva

Boston College Environmental Affairs Law Review

The Federal Energy Regulatory Commission (“FERC”) issues orders on electricity market auction results to ensure that electricity rates are just and reasonable. FERC issued an order accepting the results of the 2008 ISO New England forward capacity auction. PSEG Energy Resources (“PSEG”), a participant in the auction, challenged the order on the grounds that it resulted in undue discrimination for the most necessary resources for reliability and violated the basic market policy goals. When FERC rejected this challenge, PSEG petitioned for review of the FERC order. The United States Court of Appeals for the D.C. Circuit reviewed the FERC ...


Wyoming V. Zinke, Jaclyn Van Natta 2018 Alexander Blewett III School of Law at the University of Montana

Wyoming V. Zinke, Jaclyn Van Natta

Public Land and Resources Law Review

In Wyoming v. Zinke, the Bureau of Land Management attempted to update a regulation governing hydraulic fracturing from the 1980s, but oil and gas industry companies opposed, and brought suit. The district court held in favor of the industry petitioners, and the Bureau of Land Management and citizen group intervenors appealed. In the wake of appeal, Donald J. Trump became President of the United States. The administration change caused the Bureau of Land Management to alter its position and align with the new administration. Secretary of the Interior, Ryan Zinke, via executive order, began rescinding the new fracking regulation, which ...


California V. United States Bureau Of Land Management, Molly M. Kelly 2018 Alexander Blewett III School of Law at the University of Montana

California V. United States Bureau Of Land Management, Molly M. Kelly

Public Land and Resources Law Review

After President Trump’s Executive Order No. 13783 encouraging relaxing regulatory burdens on energy production, the Bureau of Land Management reevaluated its 2016 “Waste Prevention Rule” which addressed waste of natural gas from venting, flaring, or other leaks resulting from oil and natural gas production activities. The BLM sought to postpone the Rule’s compliance date to give the agency time to promulgate a new rule—effectively overruling the 2016 Rule. Plaintiffs challenged the agency’s compliance under the Administrative Procedures Act, and the court found the BLM did not properly follow APA requirements.


United States V. Osage Wind, Llc, Summer Carmack 2017 Alexander Blewett III School of Law at the University of Montana

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


Recent Case Decisions, 2017 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


A Reexamination And Reformulation Of The Habendum Clause Paying Quantities Standard Under Oil And Gas Leases, Alex Ritchie 2017 University of Oklahoma College of Law

A Reexamination And Reformulation Of The Habendum Clause Paying Quantities Standard Under Oil And Gas Leases, Alex Ritchie

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Siting Carbon Dioxide Pipelines, Tara K. Righetti 2017 University of Oklahoma College of Law

Siting Carbon Dioxide Pipelines, Tara K. Righetti

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


European Energy Security, American Lng, And The Global Natural Gas Marketplace, Dr. Christopher S. Kulander 2017 University of Oklahoma College of Law

European Energy Security, American Lng, And The Global Natural Gas Marketplace, Dr. Christopher S. Kulander

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Mason W. Smith 2017 University of Oklahoma College of Law

Editor's Introduction, Mason W. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Federal Railroad Power Versus Local Land-Use Regulation: Can Localities Stop Crude-By-Rail In Its Tracks?, Matthew C. Donahue 2017 Washington and Lee University School of Law

Federal Railroad Power Versus Local Land-Use Regulation: Can Localities Stop Crude-By-Rail In Its Tracks?, Matthew C. Donahue

Washington and Lee Law Review Online

No abstract provided.


The Kingfish’S Mineral Legacy: An Analysis Of The Legality Ofstate Mineral Leases Granted To W.T. Burton And Jamesa. Noe During The Years 1934–1936 And Their Relevanceto Former United States Senator And Louisiana Governorhuey P. Long, Ryan M. Seidemann, Ethel S. Graham, Steven B. "Beaux" Jones, William T. Hawkins, Frederic Augonnet 2017 Louisiana State University Law Center

The Kingfish’S Mineral Legacy: An Analysis Of The Legality Ofstate Mineral Leases Granted To W.T. Burton And Jamesa. Noe During The Years 1934–1936 And Their Relevanceto Former United States Senator And Louisiana Governorhuey P. Long, Ryan M. Seidemann, Ethel S. Graham, Steven B. "Beaux" Jones, William T. Hawkins, Frederic Augonnet

LSU Journal of Energy Law and Resources

No abstract provided.


T-Rex, Jurassic Park And Nuclear Power: Nuclear Power Plants And The Courts After The Fukushima Nuclear Accident, Shigenori Matsui 2017 College of William & Mary Law School

T-Rex, Jurassic Park And Nuclear Power: Nuclear Power Plants And The Courts After The Fukushima Nuclear Accident, Shigenori Matsui

William & Mary Environmental Law and Policy Review

No abstract provided.


Beneficial Disruption: Vermont's Renewable Energy Standard And The Need For Innovative Utility Regulation In The 21st Century, Darren Springer 2017 College of William & Mary Law School

Beneficial Disruption: Vermont's Renewable Energy Standard And The Need For Innovative Utility Regulation In The 21st Century, Darren Springer

William & Mary Environmental Law and Policy Review

No abstract provided.


A Comparative Study On Carbon Emission Reduction Systems, Mingde Cao 2017 Elisabeth Haub School of Law at Pace University

A Comparative Study On Carbon Emission Reduction Systems, Mingde Cao

Dissertations & Theses

The overwhelming majority of scientists have concluded that global warming is unequivocal. The Intergovernmental Panel on Climate Change (IPCC) fifth report in 2013 concluded that the challenge of climate disruption to human beings is even more imperative than the previous report claimed, and that anthropogenic greenhouse gases (GHGs) emissions have extremely likely been the dominant causes of the observed global warming since the mid-20th century.

Anthropogenic GHGs emissions have many implications, including more intensive, extreme meteorological events, spreading of diseases, and threatening human health and life. Climate change also causes injustice in human society because of the dislocation of the ...


Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez 2017 American University Washington College of Law

Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez

Sustainable Development Law & Policy

No abstract provided.


Benefitting From Sustainable Development, Victoria Frappaolo 2017 American University Washington College of Law

Benefitting From Sustainable Development, Victoria Frappaolo

Sustainable Development Law & Policy

No abstract provided.


Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt 2017 American University Washington College of Law

Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt

Sustainable Development Law & Policy

Distributed Energy Storage (“DES”) technologies that allow households and businesses to store substantial amounts of electricity on site are rapidly advancing and could soon have dramatic impacts on the nation’s electricity generation, transmission, and distribution markets. These technologies could provide numerous benefits, including enhanced energy security, grid stability, and greater support for renewable generation technologies, but several obstacles are slowing their adoption throughout the country. Among these obstacles are stubbornly high manufacturing costs and the potential impacts of DES development on utilities and the traditional energy regulatory framework. Fortunately, policymakers in California, New York, Hawaii, and some other states ...


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