Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, 2017 University of Miami School of Law
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Articles
This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.
But renewable portfolio standards, feed-in tariffs, and …
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, 2017 University of Washington School of Law
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
Articles
The federal government’s trust relationship with federally recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …
Breaking Energy Path Dependencies, 2017 University of Florida Levin College of Law
Breaking Energy Path Dependencies, Amy L. Stein
UF Law Faculty Publications
f the many barriers to clean energy development discussed in the literature, the power of the status quo is not normally one of them. Yet beyond the need for more transmission lines, the need to decouple electricity sales from revenue, or the need to amend our environmental laws to more fully capture the externalities of energy, efforts to develop clean energy are faced with over a century of institutional “stickiness” associated with the legal and regulatory framework governing energy. This article explores how path dependency theories can inform the practical legal efforts to overcome such stickiness, identifying the troublesome approaches …
It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, 2017 S.J. Quinney College of Law, University of Utah
It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig
Utah Law Faculty Scholarship
Marine aquaculture and marine-based alternative energy, especially offshore wind, are increasingly competing for space on the Outer Continental Shelf and the water column above it with each other and with more traditional ocean uses. The laws governing this increasingly crowded space need to become better aware of changing uses of and values for the ocean and to promote rational planning of how this space is used in the future.
In one approach, various regions of the U.S. coast are actively engaged in comprehensive marine spatial planning. Marine spatial planning is a process designed to prioritize, balance, and rationally allocate the …
Grid Modernization And Energy Poverty, 2017 University of Pennsylvania Carey Law School
Grid Modernization And Energy Poverty, Shelley Welton
All Faculty Scholarship
Grid modernization holds the alluring promise of rationalizing electricity pricing, saving consumers money, and improving environmental quality all at the same time. Yet, we have seen only limited and patchwork regulatory initiatives towards significant grid modernization in the United States. Outside of a few leading states, state energy regulators appear loath to embrace full-throated versions of the project. This article argues that the under-discussed problem of energy poverty in the United States is a critical contributing factor in the gap between grid modernization’s possibilities and our regulatory reality. Only by explicitly understanding how the issues of grid modernization and energy …
Public Energy, 2017 University of Pennsylvania Carey Law School
Public Energy, Shelley Welton
All Faculty Scholarship
Many scholars and policy makers celebrate cities as loci for addressing climate change. In addition to being significant sources of carbon pollution, cities prove to be dynamic sites of experimentation and ambition on climate policy. However, as U.S. cities set climate change goals far above those of their federal and state counterparts, they are butting up against the limits of their existing legal authority, most notably with regard to control over energy supplies. In response, many U.S. cities are exercising their legal rights to reclaim public ownership or control over private electric utilities as a method of achieving their climate …
Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity, 2017 Columbia Law School
Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity, Michael Gerrard
Faculty Scholarship
Decarbonizing the U.S. energy system will require a program of building onshore wind, offshore wind, utility-scale solar, and associated transmission that will exceed what has been done before in the United States by many times, every year out to 2050. These facilities, together with rooftop photovoltaics and other distributed generation, are required to replace most fossil fuel generation and to help furnish the added electricity that will be needed as many uses currently employing fossil fuels (especially passenger transportation and space and water heating) are electrified. This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to …
The Legal Climate On Climate Change: The Fate Of The Epa's Clean Power Plan After Michigan And Uarg, 2017 Brooklyn Law School
The Legal Climate On Climate Change: The Fate Of The Epa's Clean Power Plan After Michigan And Uarg, Israel Katz
Brooklyn Journal of Corporate, Financial & Commercial Law
One of the centerpieces of the United States’ effort to combat climate change is the Environmental Protection Agency’s (EPA) controversial Clean Power Plan, which consists of the first-ever federal regulations requiring states to achieve massive carbon dioxide emissions reductions from existing fossil fuel-fired power plants. The regulations operate by setting interim and final emissions target dates for states to ultimately reach an aggregate 32% reduction in carbon emissions by the year 2030. This Note argues that the current regulations will not survive judicial scrutiny, because the U.S. Supreme Court has moved away from traditional administrative deference in instances where an …
The Future Of The Canadian Energy Industry In A Low Price Commodity Environment, 2016 Selected Works
The Future Of The Canadian Energy Industry In A Low Price Commodity Environment
Monika U. Ehrman
Recent Case Decisions, 2016 University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Midstream Acreage Dedications: Covenants Running With The Land Or A Conveyancing Confusion?, 2016 University of Oklahoma College of Law
Midstream Acreage Dedications: Covenants Running With The Land Or A Conveyancing Confusion?, Jordan D. Volino
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction, 2016 University of Oklahoma College of Law
Editor's Introduction, Micah L. Adkison
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, 2016 William & Mary Law School
The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, Mark L. (Buzz) Belleville
William & Mary Environmental Law and Policy Review
No abstract provided.
Thorium’S Glow: Lighting The Way For Safe, Cheap Energy Production, 2016 William & Mary Law School
Thorium’S Glow: Lighting The Way For Safe, Cheap Energy Production, Zachary Hawari
William & Mary Environmental Law and Policy Review
No abstract provided.
Agenda: Flpma Turns 40, 2016 University of Colorado Law School
Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
FLPMA Turns 40 (October 21)
The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy that …
Agenda: Winter, Wilderness & Climate: Threats & Solutions, 2016 University of Colorado Law School
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.
This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.
Slides: Winter, Wilderness & Climate: Threats & Solutions, 2016 University of Colorado Law School
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
Presenters:
Jim Ramey, The Wilderness Society
Lindsay Bourgoine, Protect Our Winters
56 slides
Clean Energy Federalism, 2016 Texas A&M University School of Law
Clean Energy Federalism, Felix Mormann, Felix Mormann
Florida Law Review
Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.
Renewable portfolio standards and feed-in …
Getches-Wilkinson Center Newsletter, Fall 2016, 2016 University of Colorado Law School
Getches-Wilkinson Center Newsletter, Fall 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
Enhancing Public Engagement On Offshore Wind Energy Using Genius Loci: A Case Study From A Lake Michigan Coastal Community, 2016 Grand Valley State University