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Solar Rights In The United States, Sara C. Bronin 2015 University of Connecticut

Solar Rights In The United States, Sara C. Bronin

Sara C. Bronin

Solar rights are legal rights needed to ensure that a piece of land has access to sunlight. These rights may be of interest to property owners seeking to undertake a variety of activities: farming, lighting, and clothes drying, to name a few. But perhaps the most economically significant purpose for which solar rights may be utilized is for the purpose of solar collectors. Such devices are used to harness the rays of the sun and transform them into thermal, chemical, or electrical energy. In an era of increasing deployment of solar collectors across the globe, the fair and efficient allocation ...


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


Intellectual Property And Biofuels: The Energy Crisis, Food Security, And Climate Change, Matthew Rimmer, Griffith Hack 2015 Australian National University College of Law

Intellectual Property And Biofuels: The Energy Crisis, Food Security, And Climate Change, Matthew Rimmer, Griffith Hack

Matthew Rimmer

In light of larger public policy debates over intellectual property and climate change, this article considers patent practice, law, and policy in respect of biofuels. This debate has significant implications for public policy discussions in respect of energy independence, food security, and climate change. The first section of the paper provides a network analysis of patents in respect of biofuels across the three generations. It provides empirical research in respect of patent subject matter, ownership, and strategy in respect of biofuels. The second section provides a case study of significant patent litigation over biofuels. There is an examination of the ...


Recent Case Decisions, Jordan D. Volino, John C. Curtis III, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Daniel Franklin 2015 University of Oklahoma College of Law

Recent Case Decisions, Jordan D. Volino, John C. Curtis Iii, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Oil And Gas Title Examination: The Basics, David D. Hunt II 2015 GableGotwals

Oil And Gas Title Examination: The Basics, David D. Hunt Ii

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Marketable Product: What Did Kuntz Say? What Did Merrill Say?, Owen L. Anderson 2015 University of Oklahoma Norman Campus

Marketable Product: What Did Kuntz Say? What Did Merrill Say?, Owen L. Anderson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part One), Christopher S. Kulander 2015 South Texas College of Law

Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part One), Christopher S. Kulander

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Daniel Franklin 2015 University of Oklahoma College of Law

Editor's Introduction, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Amending Wto Rules To Alleviate Constraints On Renewable Energy Subsidies, Rick A. Waltman 2015 University of San Diego

Amending Wto Rules To Alleviate Constraints On Renewable Energy Subsidies, Rick A. Waltman

Rick A. Waltman

The rate of renewable energy adoption will largely determine the success of climate change mitigation efforts. Subsidies for the renewable energy industry, currently far outweighed by fossil fuel subsidies, will be necessary to establish greater adoption of renewable energy technologies. Because WTO rules impose constraints on subsidies based on ideals of international market freedom above all else, potential for nations to develop their domestic renewable energy industries is severely limited. This article proposes some possible amendments to the GATT, the SCM Agreement, and the TRIMs Agreement that Members might consider in future trade negotiations.


Fracking And The Rural Poor: Negative Externalities, Failing Remedies, And Federal Legislation, Matthew Castelli 2015 Maurer School of Law: Indiana University

Fracking And The Rural Poor: Negative Externalities, Failing Remedies, And Federal Legislation, Matthew Castelli

Indiana Journal of Law and Social Equality

This Note examines the relationship between the rural poor and the negative externalities of hydraulic fracturing (“fracking”). It asserts that the rural poor are disproportionately burdened with fracking’s negative externalities and that comprehensive, national regulation is needed because current legal methods are insufficient to internalize these costs. The argument is made in four parts: describing fracking’s externalities; assessing their impact on the rural poor; analyzing current legal regimes; and proposing an equitable regulatory framework based on cooperative federalism.

Fracking produces three main categories of negative externalities: water, air, and land contamination. Water contamination can be caused by migration ...


“The Energy Capital Of The East Coast?”: Lessons Virginia Can Learn From Cape Wind Failure And European Success In Offshore Wind Energy, Lamya Moosa 2015 College of William & Mary Law School

“The Energy Capital Of The East Coast?”: Lessons Virginia Can Learn From Cape Wind Failure And European Success In Offshore Wind Energy, Lamya Moosa

William & Mary Environmental Law and Policy Review

No abstract provided.


The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish 2015 University of Georgia School of Law

The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish

Georgia Journal of International & Comparative Law

No abstract provided.


Bucking White Stallion: Why Epa Should Have Prohibited Cost Considerations From Clean Air Act Egu Regulatory Designations And Why The D.C. Circuit Would Have Upheld It, Samuel Worth 2015 Boston College Law School

Bucking White Stallion: Why Epa Should Have Prohibited Cost Considerations From Clean Air Act Egu Regulatory Designations And Why The D.C. Circuit Would Have Upheld It, Samuel Worth

Boston College Environmental Affairs Law Review

In 2012 the Environmental Protection Agency issued a Final Rule subjecting coal and oil-fired electric utility steam generating units, or EGUs, to EPA regulation under section 112 of the Clean Air Act, officially listing them as “source-categories” of Hazardous Air Pollutant, or HAP, emissions. Additionally, the agency held that situation-specific factors, such as implementation and compliance costs, should not be considered when designating EGUs for regulation. In White Stallion Energy Center, LLC v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the D.C. Circuit held that the CAA does not require EPA to consider implementation ...


Book Review: Internationalization To Prevent The Spread Of Nuclear Weapons. Eds. Frank Barnaby, Jozef Goldblat, & Bhupendra Jasani. London: Taylor And Francis, 1980; The Npt: The Main Political Barrier To Nuclear Weapon Proliferation. Eds. Frank Barnaby, Jozef Goldblat, & Nacha Levinson. London: Taylor And Francis, 1980., W. Paul Gormley 2015 District of Columbia Bar

Book Review: Internationalization To Prevent The Spread Of Nuclear Weapons. Eds. Frank Barnaby, Jozef Goldblat, & Bhupendra Jasani. London: Taylor And Francis, 1980; The Npt: The Main Political Barrier To Nuclear Weapon Proliferation. Eds. Frank Barnaby, Jozef Goldblat, & Nacha Levinson. London: Taylor And Francis, 1980., W. Paul Gormley

Georgia Journal of International & Comparative Law

No abstract provided.


An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman 2015 University of Georgia School of Law

An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman

Georgia Journal of International & Comparative Law

No abstract provided.


Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick VandenBos 2015 University of Montana School of Law

Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick Vandenbos

Public Land and Resources Law Review

In an attempt to stave off what it saw as impending litigation, Shell Gulf of Mexico, Inc. filed suit under the Declaratory Judgment Act against a range of environmental groups opposed to Shell’s oil exploration in the Beaufort and Chukchi seas of Alaska’s Arctic Coast. Shell requested a declaratory judgment that its oil spill response plans, as approved by the Bureau of Safety and Environmental Enforcement, did not violate the Administrative Procedures Act. Although noting the novelty of Shell’s argument, the United States Court of Appeals for the Ninth Circuit concluded the district court had erred in ...


What About Whitman?: The Supreme Court’S Decision In Epa V. Homer To Authorize Cost Consideration In Environmental Regulation Contradicts Its Own Precedent, Devon Applegate 2015 Boston College Law School

What About Whitman?: The Supreme Court’S Decision In Epa V. Homer To Authorize Cost Consideration In Environmental Regulation Contradicts Its Own Precedent, Devon Applegate

Boston College Environmental Affairs Law Review

In 2011, in response to the ongoing problem of interstate air pollution, EPA promulgated the Transport Rule to restrict emissions in upwind states in order to achieve attainment of certain national ambient air quality standards in downwind states. State and local governments and industry and labor groups, unhappy with EPA’s process of determining which states would be regulated under the Transport Rule, challenged the rule on the grounds that EPA had exceeded its authority under the Clean Air Act. In 2014, in EPA v. EME Homer City Generation, L.P., the Supreme Court of the United States held that ...


A “Green” Lining: Closing The Door On Environmental Litigants In Bellon Could Lead To More Successful Environmental Challenges In The Future, Brian Bieschke 2015 Boston College Law School

A “Green” Lining: Closing The Door On Environmental Litigants In Bellon Could Lead To More Successful Environmental Challenges In The Future, Brian Bieschke

Boston College Environmental Affairs Law Review

In Washington Environmental Council v. Bellon, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of Article III standing with respect to environmental organizations filing suit under the Clean Air Act. The organizations alleged that Washington state agencies were required to regulate the greenhouse gas emissions of five oil refineries, and that the agencies’ failure to do so caused particularized injuries to plaintiffs’ health and recreational enjoyment because of the impacts of those greenhouse gas emissions on climate change. Applying a three-pronged test requiring plaintiffs to establish injury in fact, causality, and redressability, the court determined ...


Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee 2015 Boston College Law School

Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee

Boston College Environmental Affairs Law Review

In 2007, the California state legislature enacted the Low-Carbon Fuel Standard, or LCFS, limiting carbon emissions from transport fuels throughout the fuels’ entire “lifecycle,” by assigning “carbon intensity” scores to each fuel product. These scores are calculated using a variety of measurements, including the amount of carbon emitted while producing the fuels and in transporting them to California. Out-of-state fuel suppliers challenged that the LCFS places an unconstitutional burden on interstate commerce because their products would inevitably have higher carbon intensity scores than their in-state counterparts, based merely on the distance traveled. The dispute reached the U.S. Court of ...


Expanding The Renewable Energy Industry Through Tax Subsidies Using The Structure And Rationale Of Traditional Energy Tax Subsidies, Blake Harrison 2015 University of Michigan Law School

Expanding The Renewable Energy Industry Through Tax Subsidies Using The Structure And Rationale Of Traditional Energy Tax Subsidies, Blake Harrison

University of Michigan Journal of Law Reform

Just as the government invested in oil and gas, it must now invest in new energy sources. In a sense, Americans need history to repeat itself. This Note suggests that Congress should amend the United States Tax Code to further subsidize the renewable energy industry. Congress should use subsidies historically available to the oil and gas industries as a model in its amendments. These subsidies serve as a model for promoting the renewable energy industry because such subsidies were fundamental in facilitating the oil and gas industries’ dominance today. Ultimately, Congress must further subsidize the renewable energy industry to avoid ...


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