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Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh 2014 SelectedWorks

Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh

Kevin M Walsh

The renewable energy field is currently stifled because many renewable energy developments require tax equity investors to provide additional funds to get the project off the ground and running. The Code provides tax credits to incentivize investors to invest. Currently, the Investment Tax Credit (“ITC”) is the only available credit left for renewable projects placed in service from 2014 on. Tax credits are a step in the right direction to encourage renewable investment; however, the credits are limited in application mostly to large financial institutions. Moreover, investments into one specific renewable energy project can be risky because there is no ...


A Legal Approach To The Improvement Of Energy Efficiency In Europe And The United States: Greening The Existing Building Stock, Teresa -. Parejo 2014 SelectedWorks

A Legal Approach To The Improvement Of Energy Efficiency In Europe And The United States: Greening The Existing Building Stock, Teresa -. Parejo

Teresa - Parejo

In large cities buildings are responsible for 40% of energy consumption and 36% of CO2 emissions in the EU, and 70% of energy consumption and 40% of CO2 emissions in the US. Hence, improving the energy performance of buildings is a very cost-effective way to fight against climate change.

Most of the potential for energy savings is in existing buildings so they provide the greatest opportunities and challenges, but the measures adopted until today to improve energy efficiency, despite some innovative proposals, have been insufficient and mainly focused in new buildings. All the actions developed either by the EU and ...


Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey 2014 Pepperdine University

Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey

Journal of the National Association of Administrative Law Judiciary

This comment will explain why the federal nuclear waste management program is at a standstill and will suggest a course of action for the NRC to help revive the program. Part II describes the environmental hazards of spent nuclear fuel and the federal government’s effort to site and build a geologic repository for this nuclear waste. Part III explains the role of the NRC in the nuclear regulatory scheme and how safety and environmental regulations are promulgated and enforced. Part IV narrows in on the NRC rulemakings called the “Waste Confidence Decision” and “Temporary Storage Rule,” and the reasons ...


Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter 2014 College of William & Mary Law School

Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter

William & Mary Environmental Law and Policy Review

This Article analyzes the role of offshore petroleum legislation in contributing to offshore facility integrity incidents in Australia’s offshore petroleum jurisdiction. It examines the regulatory framework that existed at the time of the Varanus Island, Montara, and Macondo facility incidents, determining that the regulatory regime contributed to each of these incidents. Assessing the response of the Commonwealth government to the regulatory framework existing at the time of the events, particularly the integration of well regulation as part of the National Offshore Petroleum Safety Authority’s (“NOPSA”) functions and the establishment of a national offshore regulator, this Article determines that ...


Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby 2014 College of William & Mary Law School

Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby

William & Mary Environmental Law and Policy Review

No abstract provided.


Drones, Henry H. Perritt Jr., Eliot O. Sprague 2014 Chicago-Kent College of Law

Drones, Henry H. Perritt Jr., Eliot O. Sprague

All Faculty Scholarship

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article ...


Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding 2014 SelectedWorks

Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding

Dillon A Redding

This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried ...


A Federal Safety Plug With A Few Leaks: Bureau Of Land Management's Proposed Rule On Hydraulic Fracturing And Its Effect On States And Tribes, Thea A. Graybill 2014 SelectedWorks

A Federal Safety Plug With A Few Leaks: Bureau Of Land Management's Proposed Rule On Hydraulic Fracturing And Its Effect On States And Tribes, Thea A. Graybill

Thea A Graybill

Natural gas is a significant energy source, but if extracted improperly, has the potential to cause serious harm to public health and the environment. Currently, states regulate hydraulic fracturing, and each state has its own regulatory standards. Consequently, states control the hydraulic fracturing industry in a piecemeal fashion. In some instances, state governance of hydraulic fracturing has led to disastrous results. For example, numerous people have complained that the drilling of natural gas polluted private water wells in Pennsylvania, Ohio, West Virginia, and Texas. To avoid these types of incidents in the future, the federal government should regulate hydraulic fracturing ...


The Public Right-To-Know On A Need-To-Know Basis: Striking The Balance Between National Security And Environmental Protection, Brian Reilly 2014 Boston College Law School

The Public Right-To-Know On A Need-To-Know Basis: Striking The Balance Between National Security And Environmental Protection, Brian Reilly

Boston College Environmental Affairs Law Review

Enforcing environmental laws does not immediately appear to be fundamentally inconsistent with maintaining national security. Many people have criticized the Emergency Planning and Community Right to Know Act, however, as potentially placing American citizens at risk of a terrorist attack. This Note discusses the difficulties associated with striking the balance between giving citizens access to important environmental information while limiting terrorists’ ability to misuse that same information. Although this issue is a difficult one on its own, it is compounded by recent developments affecting standing in environmental citizen suits. This Note argues that even if the proper balance is struck ...


Nuclear Facility Licensing, Terrorist Threats, And Nepa Section 102(2)(C) Compliance, Michael DeIulis 2014 Boston College Law School

Nuclear Facility Licensing, Terrorist Threats, And Nepa Section 102(2)(C) Compliance, Michael Deiulis

Boston College Environmental Affairs Law Review

The conflicting decisions for the Courts of Appeals for the Third and Ninth Circuits in New Jersey Department of Environmental Protection v. Nuclear Regulatory Commission and San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, respectively, leave it an open question outside those jurisdictions whether the Nuclear Regulatory Commission (NRC) must account for the environmental impacts of terrorism under the National Environmental Policy Act (NEPA) § 102(2)(C). Courts should follow the Ninth Circuit’s approach of requiring such an analysis because the impacts of terrorism are not too far removed from the underlying agency action. Although programmatic treatment ...


Sub-Seabed Burial Of Nuclear Waste: If The Disposal Method Could Succeed Technically, Could It Also Succeed Legally?, Amal Bala 2014 Boston College Law School

Sub-Seabed Burial Of Nuclear Waste: If The Disposal Method Could Succeed Technically, Could It Also Succeed Legally?, Amal Bala

Boston College Environmental Affairs Law Review

Nuclear power is a relatively familiar method of generating electricity in the United States, but the process remains controversial because of high-level radioactive waste. Conventional nuclear reactors use uranium fuel to sustain nuclear fission, but eventually such fuel becomes spent and requires storage and disposal because of its dangerous radioactive properties. The United States produces a large amount of nuclear waste every year but has struggled to develop a long-term disposal strategy. America favors land-based disposal methods and is not giving serious consideration to alternative methods, including sub-seabed burial. This Note discusses preliminary research on sub-seabed burial of nuclear waste ...


Carbon Outlasts The Law: States Walk The Constitutional Line, Steven Ferrey 2014 Boston College Law School

Carbon Outlasts The Law: States Walk The Constitutional Line, Steven Ferrey

Boston College Environmental Affairs Law Review

State carbon policies to control climate warming and our energy future are under legal attack. A successful barrage of litigation now invokes the dormant Commerce Clause and the Federal Power Act as interpreted through the Filed Rate Doctrine, as well as the Supremacy Clause of the U.S. Constitution, to challenge the legal validity and sustainability of these state carbon-based laws. California and other states have survived these legal challenges sparingly, and then often only by prevailing with procedural defenses that dismiss the case before a decision on the legal merits of their state energy regulation. This Article examines and ...


"Solar Reits": A New Tax Paradigm For Renewable Energy Financing, Richard A. Grisel 2014 SelectedWorks

"Solar Reits": A New Tax Paradigm For Renewable Energy Financing, Richard A. Grisel

Richard A Grisel

The demand for renewable energy has never been higher. Regrettably, however, current financing methods and administrative programs have been inadequate to produce the necessary and sufficient market conditions to meet this demand.

One key to accessing lower cost capital—which in turn will help fill ever-increasing demand for renewable energy—is to move away from reliance on tax credits and tax equity financing models and attract a broader investor pool. Real estate investment trusts (REITs) have historically been a proven, effective capital-raising vehicle for various capital-intensive projects, such as buildings, transmission lines, and communication towers. Essentially, REITs are financial vehicles ...


Drones, Henry H. Perritt Jr., Eliot O. Sprague 2014 Chicago-Kent College of Law

Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article ...


Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh 2014 The University of Montana School of Law

Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh

Public Land and Resources Law Review

As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.


Table Of Contents, 2014 Washington and Lee University School of Law

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael 2014 Washington and Lee University School of Law

Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael

Washington and Lee Journal of Energy, Climate, and the Environment

This article outlines and addresses the specific patent issues affecting the oil and gas industry. In so doing, it argues that the business realities of the industry, coupled with its fast-paced environment, make it a perfect example of why the current patent prohibition against professional skills and business methods must be reformed.


The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr. 2014 Washington and Lee University School of Law

The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr.

Washington and Lee Journal of Energy, Climate, and the Environment

One of the oldest doctrines of environmental law, the public trust doctrine, is sufficiently ambiguous that it risks threatening widespread adoptions of alternative energy sources such as wind energy. Because of this, the public trust doctrine threatens the protection of the environment in the name of protection of the environment. Yet, the public trust doctrine and future energy policy should be complementary and not exclusionary of each other. In light of this, whether an agency has public trust authority should be determined based on six factors: the legal authority of state fiduciaries; due diligence by state fiduciaries in determining if ...


Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk 2014 Washington and Lee University School of Law

Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk

Washington and Lee Journal of Energy, Climate, and the Environment

It is time for the European Union to dump the EU-ETS cap-and trade system, as it is not working. By adopting a carbon tax with reinvestment, the European Union (EU) could reduce its economy-wide emissions by forty-eight percent (and emissions from buildings and utilities by sixty-five percent) within twenty years while automatically putting in place a border tax adjustment. By adopting the carbon tax with reinvestment, the EU's trading partners would be heavily encouraged to adopt the same system, thereby dramatically reducing global emissions. This adoption would occur much like the EU adopting the Value-Added Tax and 150 countries ...


Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds 2014 Washington and Lee University School of Law

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

Washington and Lee Journal of Energy, Climate, and the Environment

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is ...


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