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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 ...


Grasping For Energy Democracy, Shelley Welton 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, 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 ...


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.


Regulation Of Radioactive Fracking Waste, Elizabeth Ann Glass Geltman, Nichole LeClair 2018 CUNY School of Public Health

Regulation Of Radioactive Fracking Waste, Elizabeth Ann Glass Geltman, Nichole Leclair

Publications and Research

Natural gas extracted form shale reached record production totals in 2015 in the United States and the US Energy Information Administration (EIA) forecasts natural gas production will continue to increase. Wastes from shale gas extraction can contain the radioactive isotopes radium-226 (Ra-226) and radium-228 (Ra-228), which decay further into radon (Rn). Exposure to radon, a form of naturally occurring radioactive materials (NORM), is the leading cause of lung cancer in the United States, after smoking. This article explores how states handle the disposal of technologically enhanced naturally occurring radioactive materials (TENORM) and/or NORM waste from oil and gas operations ...


The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs, Joel Eisen 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, Joel Eisen 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 ...


Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause, Carla F. Fredericks, Jesse D. Heibel 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 ...


Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo 2018 Texas A&M University School of Law

Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo

Faculty Scholarship

As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U ...


The New(Clear?) Electricity Federalism: Federal Preemption Of States' 'Zero Emissions Credit' Programs, Joel Eisen 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 ...


One Oil And Gas Right To Rule Them All, Monika Ehrman 2017 University of Oklahoma College of Law

One Oil And Gas Right To Rule Them All, Monika Ehrman

Monika U. Ehrman

The proverbial “bundle of sticks” is an analogy familiar to real property scholars. The analogy compares property ownership to a bundle of sticks—that is, ownership composed of separate and individual property rights—where each “stick” represents a right or stream of benefits available to the property owner. Under the centuries-old common law ad coelum doctrine, real property contained all lands from the core of the earth to the sky. Although this “heaven-to-hell” doctrine is now limited, oil and gas still composes that part of subsurface real property, sometimes called the mineral estate. In oil and gas law, the mineral ...


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.


Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen 2017 Fordham Law School

Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen

Fordham Environmental Law Review

No abstract provided.


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