Energy Law Commons^™

International Law In A Time Of Scarcity, Ertharin Cousin, Rebecca H. White, C. Donald Johnson, Lincoln Davies, José Cuesta, Barbara Deutsch Lynch, Harlan G. Cohen, Gabriel Eckstein, Lillian Aponte Miranda, Kristen E. Boon, Peter A. Appel, Anastasia Telesetsky, Aparna Polavarapu, Felix Mormann, Diane Marie Amann, Katie Croghan

Conferences and Symposia

On February 5th, 2013 the Dean Rusk Center and the Georgia Journal for International and Comparative Law hosted a daylong conference on “International Law in a Time of Scarcity.”

The scarcity of resources, whether food, water, fuel sources, or clean air, may be a defining reality for global policy in the years to come. By bringing together leading policy makers and legal scholars, conference organizers created a forum to serve as a foundation for future scholarship on the role of international law in scarcity issues.

The keynote speaker was Ertharin Cousin, United Nations World Food Programme executive director and 1982 ...

A Race To The Middle In Energy Law, James E. Flynn Iii

James E. Flynn III

The world must dramatically decrease greenhouse gas emissions in order to avoid catastrophic climate change. That goal is unattainable unless the United States aggressively reduces domestic greenhouse gas emissions from the energy sector. Currently, state energy policies explicitly address in-state energy use, but fail to account for all greenhouse gas emissions from fossil fuels extracted and produced in state. Indeed, even where states implement aggressive renewable portfolio standards, fugitive emissions escape abroad through leakage and seepage. Because state energy policies ignore the production of fossil fuels, analyses that classify these policies as races to the top or bottom likewise fail ...

Brosius, 1 Killing Outside The Law: The Case Of Israel’S Policy Of Assassinating Iranian Nuclear Scientists, Robert Brosius

Student Scholarship

No abstract provided.

Regulation Of Energy By The Colorado Public Utilities Commission, William Hamilton Mcewan, Peter R. Nadel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao

William & Mary Environmental Law and Policy Review

In the year following the Fukushima nuclear disaster in March 2011, the renewable and clean energy industries faced significant turmoil— from natural disasters, to political maelstroms, from the Great Recession, to U.S. debt ceiling debates. The Department of Energy’s Loan Guarantee Program (“DOE LGP”), often a target since before it ever received a dollar of appropriations, has been both blamed and defended in the wake of the bankruptcy filing of Solyndra, a California-based solar panel manufacturer, in September 2011, because of the $535 million loan guarantee made to it by the Department of Energy (“DOE”) in 2009. Critics ...

Investment Prospectus: Concentrated Solar Power With Heliostat Tower And Molten Salt Storage, Kyle Herman

Kyle Herman

This article delivers a preliminary overview of Concentrated Solar Technology. It offers data for investors and policy-makers in order to more properly understand and mitigate risks of this renewable energy.

Energy Versus Property, Michael Pappas

Faculty Scholarship

This article is the first to detail the balance legislatures and courts have struck between private property rights and the compelling public interest in energy production. By examining how property rights have consistently yielded to energy development from colonial times to the most recent decisions involving hydraulic fracturing (“fracking”), it identifies a coherent energy/property balance that has shaped property expectations to accommodate energy needs. The article then applies this insight to current disputes pitting aggressive renewable energy policies— such as nuisance immunity or mandatory installations on private property— against fundamental property expectations— the right to exclude and the right ...

Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup

Pepperdine Law Review

This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.

Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz

Pepperdine Law Review

No abstract provided.

Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz

Pepperdine Law Review

In Malibu, California, on November 15, 1980, Pepperdine University School of Law hosted a symposium which focused on energy decision-making and the attorney's role in the energy regulatory process. A cross section of viewpoints was represented including: officers from the utility companies; personnel from federal and state regulatory agencies; landowners from the proposed siting area; and others who play an important role in deciding whether and how to bring LNG to California. The Symposium provided a forum for a panel discussion of the siting process. Western Liquefied Natural Gas's attempt to bring liquefied natural gas to Southern California ...

Attracting Fdi: The Chilean Government's Role Promoting Renewable Energy, Kyle Herman

Kyle Herman

The development and implementation of renewable energy power plants is important for Chile in order to increase energy security, supply remote mines with electricity, and eventually decrease energy costs. The Chilean government has promoted renewable energy and attracted Foreign Direct Investment (FDI) to develop large-scale renewable energy projects. However, the policies cannot sufficiently attract FDI in unproven renewable energies such as Concentrated Solar Power, though it is proven elsewhere. This paper examines the Chilean government’s renewable energy policies, related government agencies, and the extent that these provide a stable backdrop for FDI in large-scale renewable energy projects. Following that ...

From Lapdog To Watchdog: Giving Citizens A Voice In Monitoring The Oil Industry Through Rcacs, Christina Marshall Santarpio

Boston College Environmental Affairs Law Review

Regional Citizens’ Advisory Councils in Alaska, created in the wake of the Exxon Valdez Oil Spill of 1989, have provided citizens in Prince William Sound and Cook Inlet with a meaningful role in oil spill prevention and cleanup plans. Although the history of these RCACs show that their formation left room for improvement, in the wake of the Gulf Oil Spill of 2010, it is clear that innovative and creative solutions involving those most affected by oil spills are desperately needed throughout the country to prevent such disasters in the future. Moving forward, future RCACs should be created that build ...

Interstate Electric Transmission Lines And States’ Rights In The Mid-Atlantic Region, James W. Moeller

Boston College Environmental Affairs Law Review

Under their traditional jurisdiction over land use, the states permit and site interstate electric power facilities that traverse their boundaries. This jurisdiction may pose an obstacle to the development of new interstate transmission facilities. For that reason, Congress enacted section 216 of the Federal Power Act, which, in limited circumstances, will preempt state law and authorize the Federal Energy Regulatory Commission to permit interstate transmission lines. The implementation of section 216, however, has been frustrated by judicial challenges in federal courts. Seven years after the enactment of section 216, FERC has yet to exercise jurisdiction over the construction of an ...

The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones

Pepperdine Law Review

An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.

Chilean Renewable Energy Investment Potential With Technology Transfer, Kyle Herman

Kyle Herman

For potential for investment in Chilean renewable energy investment is promising. After the Chicago boys effectively transformed the Chilean economy into a haven for FDI (Foreign Direct Investment) during the 1980’s, government laws have aligned definitively with neo-liberal policy—in other words, open markets, incentives for investors, public-private partnerships and consistent injections of capital into its financial markets. This article explore these components and highlights investment potential and offers policy advice.

The Carbon Frame: Condensed Version, Kyle Herman

Kyle Herman

This paper demonstrates the necessity of changing the policy language, in particular the word "carbon", in order to increase the logical development of renewable energy policy Europe.

Masthead

LSU Journal of Energy Law and Resources

No abstract provided.

Much Ado About Nothing? The Antitrust Implications Of Private Equity Club Deals, Jessica Jackson

Florida Law Review

In May 1976, with merely $120,000 and a few metal chairs left behind from a prior tenant, Kolberg Kravis Roberts & Co. (KKR) opened its doors. Though few people outside Wall Street circles knew of this start-up company, by the 1980s its reputation as a takeover machine brought it notoriety. One can only imagine what went on behind closed doors, but whatever happened, it worked. By 1989, KKR had become the largest client of accounting giant Deloitte & Touche, with General Motors following as a close second. The “Age of Leverage” peaked in 1990 when KKR took over RJR Nabisco. Until ...

Energy Ratings Hit Commercial Real Estate - California Lights The Way, Jonathan Cahill

The Journal of Business, Entrepreneurship & the Law

The Energy Star Program has been extremely successful for consumer appliances and electronics, but can this success translate to commercial real estate? In the United States, commercial buildings account for nearly nineteen percent of energy-related carbon dioxide emissions. Consequently, energy rating of buildings has become an increasingly attractive way to combat pollution and lower energy consumption. Despite this, the United States does not yet have a federal policy requiring energy usage disclosure for buildings. This has left state and local governments to lead the way in innovative and effective reporting regimes. California's response to this regulatory vacuum is Assembly ...

The New Nuclear Power Generation Licensing Scheme In Its Defining Moment: A Regulatory Vessel Equipped To Support A Thriving Industry Or Drifting Towards Stormy Waters Capable Of Running The Nuclear Revival Aground?, Anna Knecht

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

This Student Note assesses Congress and the Nuclear Regulatory Commission’s “new” nuclear licensing scheme by way of comparison with the old, two-step process under which the industry endured an era of dormancy lasting nearly forty years. With a focus on the novel ITAAC review process, this Note argues that while the Part 52 process is superior to its predecessor, certain significant issues (articulated herein) must be resolved before the new regulatory framework can support the economic, environmental, safety, and other advantages it aims to achieve.