Cafos: Plaguing North Carolina Communities Of Color,
2018
American University Washington College of Law
Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2018
American University Washington College of Law
Editor's Note,
2018
American University Washington College of Law
Editor's Note, Luke Trompeter, Ingrid Lesemann
Sustainable Development Law & Policy
No abstract provided.
Recent Case Decisions,
2018
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
From The Drake Well To The Santa Rita #1: The History Of The U.S. Permian Basin: A Miracle Of Technological Innovation,
2018
University of Oklahoma College of Law
From The Drake Well To The Santa Rita #1: The History Of The U.S. Permian Basin: A Miracle Of Technological Innovation, Joseph R. Dancy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Update On Oklahoma Oil And Gas Royalty Litigation,
2018
University of Oklahoma College of Law
Update On Oklahoma Oil And Gas Royalty Litigation, Pamela S. Anderson
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction,
2018
University of Oklahoma College of Law
Editor's Introduction, Mason W. Smith
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Dual Sovereignty Is Out, Time For Concurrent Jurisdiction To Shine,
2018
College of William & Mary Law School
Dual Sovereignty Is Out, Time For Concurrent Jurisdiction To Shine, Scott Jacobson
William & Mary Environmental Law and Policy Review
No abstract provided.
Montana Environmental Information Center V. U.S. Office Of Surface Mining,
2018
Alexander Blewett III School of Law at the University of Montana
Montana Environmental Information Center V. U.S. Office Of Surface Mining, Lowell J. Chandler
Public Land and Resources Law Review
In MEIC v. U.S. Office of Surface Mining, the cost of coal mining’s climate impacts and the agency’s NEPA review obligations are at issue. The United States District Court for the District of Montana found that the Office of Surface Mining and Enforcement failed to adequately consider the need for an EIS and to take a hard look at the indirect, cumulative, and foreseeable impacts of a proposed coal mine expansion in central Montana. In its NEPA analysis, the court concluded that if the benefits of a carbon-intensive project are quantified, then the costs to the climate ...
Free Trade In Electric Power,
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,
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 ...
Grasping For Energy Democracy,
2018
University of South Carolina School of Law
Grasping For Energy Democracy, Shelley Welton
Michigan Law Review
Until recently, energy law has attracted relatively little citizen participation. Instead, Americans have preferred to leave matters of energy governance to expert bureaucrats. But the imperative to respond to climate change presents energy regulators with difficult choices over what our future energy sources should be, and how quickly we should transition to them—choices that are outside traditional regulatory expertise. For example, there are currently robust nationwide debates over what role new nuclear power plants and hydraulically fractured natural gas should play in our energy mix, and over how to maintain affordable energy for all while rewarding those who choose ...
Intellectual Property Policies For Solar Engineering,
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 ...
An Electrifying Expansion Of Judicial Review Of Agency Actions In Pseg Energy Resources & Trade Llc,
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,
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,
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.
The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs,
2018
University of Richmond
The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs, Joel Eisen
Law Faculty Publications
This Article proposes and applies a “conscious disregard” test for resolving the upcoming appellate litigation that involves the conflict between federal authority over the electric grid and state laws providing subsidies to nuclear power plants in the form of “zero emissions credits” (ZECs). This test draws upon principles of conflict preemption, as elaborated in three recent Supreme Court decisions on the intersection of state and federal jurisdiction over the electric grid under the Federal Power Act. It provides that if a state law explicitly aims to directly affect wholesale electricity market prices, terms or conditions, its subsidy program is impermissible ...
Free Trade In Electric Power,
2018
University of Richmond
Free Trade In Electric Power, Joel Eisen
Law Faculty Publications
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 a relic of the early days of electrification. We suggest a systematic rethinking to usher in a new ...
The New(Clear?) Electricity Federalism: Federal Preemption Of States' 'Zero Emissions Credit' Programs,
2018
University of Richmond
The New(Clear?) Electricity Federalism: Federal Preemption Of States' 'Zero Emissions Credit' Programs, Joel Eisen
Law Faculty Publications
his Article proposes and applies a “conscious disregard” test for resolving the upcoming appellate litigation that involves the conflict between federal authority over the electric grid and state laws providing subsidies to nuclear power plants in the form of “zero emissions credits” (ZECs). This test draws upon principles of conflict preemption, as elaborated in three recent Supreme Court decisions on the intersection of state and federal jurisdiction over the electric grid under the Federal Power Act. It provides that if a state law explicitly aims to directly affect wholesale electricity market prices, terms or conditions, its subsidy program is impermissible ...
Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause,
2018
University of Colorado Law School
Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause, Carla F. Fredericks, Jesse D. Heibel
Articles
The controversy surrounding the Dakota Access Pipeline (“DAPL”) has put the peaceful plains of North Dakota in the national and international spotlight, drawing thousands of people to the confluence of the Missouri and Cannonball Rivers outside of Standing Rock Sioux Reservation for prayer and peaceful protest in defense of the Sioux Tribes’ treaties, lands, cultural property, and waters. Spanning over 7 months, including the harsh North Dakota winter, the gathering was visited by indigenous leaders and communities from around the world and represents arguably the largest gathering of indigenous peoples in the United States in more than 100 years.
At ...
