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Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap 2015 University of Colorado Law School

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides


Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans 2015 University of Michigan Law School

Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans

Michigan Law Review

Congress broadly authorized the Federal Energy Regulatory Commission (“FERC”) to protect consumers of electricity from all forms of manipulation in the electricity markets, but the regulations that FERC passed are not nearly so expansive. As written, FERC’s Anti-Manipulation Rule covers only instances of manipulation involving fraud. This narrow scope is problematic, however, because electricity markets can also be manipulated by nonfraudulent activity. Thus, in order to reach all forms of manipulation, FERC is forced to interpret and apply its Anti-Manipulation Rule in ways that strain the plain language and accepted understanding of the rule and therefore constitute an improper ...


What Is The Big Fracking Deal?, Vanessa Klass 2015 Western State University - College of Law - Argosy

What Is The Big Fracking Deal?, Vanessa Klass

Vanessa Klass

At a time when the country has struggled to grow economically, energy production in the United States has been one of the most promising success stories. A large part of the success behind this remarkable oil and gas production as well as job creation is due to an energy-extraction process known as Hydraulic Fracturing (also known as “fracking”). Fracking has transformed America’s energy potential by allowing increased production of oil and natural gas from formerly inaccessible shale formations. As a result, the United States surpassed Russia as the world’s top natural gas producer, becoming the world leader in ...


Chernobyl's Legal Fallout - The Convention On Early Notification Of A Nuclear Accident, Sharon McBrayer 2015 University of Georgia School of Law

Chernobyl's Legal Fallout - The Convention On Early Notification Of A Nuclear Accident, Sharon Mcbrayer

Georgia Journal of International & Comparative Law

No abstract provided.


Ferc Net Metering Decisions Keep States In The Dark, Benjamin Hanna 2015 Boston College Law School

Ferc Net Metering Decisions Keep States In The Dark, Benjamin Hanna

Boston College Environmental Affairs Law Review

As the effects of climate change increasingly become a reality, policymakers have recognized the need for more renewable energy, such as wind and solar power, and the benefits of distributed generation. One important way that both renewable energy and distributed generation are being addressed is through the use of electrical net metering policies. Net metering allows property owners to generate their own electricity and to receive credit from their utility company for any excess. State net metering policies are pervasive—forty-three states and the District of Columbia have adopted some form of net metering—and yet uncertainty remains about their ...


Cleaning Up The Colonias: Municipal Annexation And The Texas Fracking Boom, Alejandra C. Salinas 2015 Boston College Law School

Cleaning Up The Colonias: Municipal Annexation And The Texas Fracking Boom, Alejandra C. Salinas

Boston College Environmental Affairs Law Review

For the hundreds of thousands of Americans who reside in poor, unincorporated settlements along the Texas-Mexico border called Colonias, a new source of hope has arisen from the unlikeliest of sources: fracking. Until recently, many Colonias were just shantytowns riddled with costly infrastructure problems that caused various environmental health concerns. Through fracking in South Texas’ Eagle Ford Shale, Colonias are now part of one of the greatest oil booms this country has ever seen. The Eagle Ford Shale’s economic output has generated billions in tax revenue across Texas and has transformed the value of the land that the Colonias ...


Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai 2015 SelectedWorks

Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai

Daniela E Lai

Geoengineering has been described as any large-scale environmental manipulation designed with the purpose of mitigating the effects of climate change without decreasing greenhouse gas emissions (GHGs). Currently there are no specific rules regulating geoengineering activities particularly if geoengineering is deployed in areas beyond national jurisdiction. This article argues that, in order to mitigate the risks of geoengineering, there needs to be effective regulation of its deployment both in international and domestic law. The risks of geoengineering can only be effectively regulated if there is international cooperation between all levels of governments and private individuals involved in the research and development ...


Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson 2015 Duke University

Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson

Julia Johnson

This article explores the reasons why previous attempts at biofuels legislation in the United States have not been successful and focuses upon market-level incentives that drive consumer willingness to purchase biofuels. For the U.S.’s biofuels policies to be more effective, the nation must better employ consumer-side factors and devise policies around promoting biofuels’ ability to compete with conventional fuels. Consumer-side factors include biofuels’ accessibility and pricing, as well as the ease and attractiveness of purchasing alternative energy-powered vehicles. The U.S.’s initiatives have also neither been aggressive enough, nor sufficiently comprehensive, to enable the U.S. to ...


The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt 2015 University of Michigan Law School

The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt

Joel M Pratt

New Jersey and Delaware have often fought over their territorial boundaries in the Delaware River. Three times, they have litigated cases in the Supreme Court under the Court’s original jurisdiction to hear cases or controversies between states. In 1905, a Compact negotiated by the states and confirmed by Congress settled the first case between the two states. The second case between the two states led the Supreme Court to issue a Decree confirming the boundaries of the two states. The third case, which began in 2005, asked the Court to decide the scope of each state’s power to ...


Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons 2014 Boston College

Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons

Daniel Lyons

The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the ...


Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons 2014 Boston College

Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons

Boston College Law School Faculty Papers

The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the ...


The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum 2014 University of Georgia School of Law

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.


Proportionality: An Addition To The International Centre For The Settlement Of Investment Disputes’ Fair And Equitable Treatment Standard, Anne Marie Martin 2014 Boston College Law School

Proportionality: An Addition To The International Centre For The Settlement Of Investment Disputes’ Fair And Equitable Treatment Standard, Anne Marie Martin

Boston College International and Comparative Law Review

The fair and equitable treatment standard, established in state law, customary law, and bilateral investment treaties, requires that states treat investors in a consistent and transparent manner. With its decision in Occidental Petroleum Corp., Occidental Exploration and Production Company v. Republic of Ecuador, the International Centre for the Settlement of Investment Disputes (ICSID) interpreted the ever-expanding fair and equitable treatment standard to include the principle of proportionality. After concluding that Ecuador’s termination of the investor’s contract was a disproportionate response to the investor’s breach of that contract, the ICSID Tribunal awarded an incredible $1.77 billion in ...


Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt 2014 University of Michigan Law School

Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt

Joel M Pratt

Because fracking regulators and industry need both legal clarity and the ability to react to new information, courts should apply principles of administrative deference to resolve conflicts between state and local fracking regulations.Under these principles, courts weigh expert agency decision making more heavily when the agency has acted reasonably. When faced with a conflict between state and local fracking laws, courts should adopt administrative principles and privilege expert agency regulations rather than engage in an independent judicial inquiry. Part I provides background on fracking and argues that states are in the best position to regulate the practice. Part II ...


The Ripple Effect: How A Lawsuit Seeking Cleaner Water May Be Backfiring, Sara Gonzalez-Rothi Kronenthal 2014 Louisiana State University Law Center

The Ripple Effect: How A Lawsuit Seeking Cleaner Water May Be Backfiring, Sara Gonzalez-Rothi Kronenthal

LSU Journal of Energy Law and Resources

No abstract provided.


Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas 2014 Institute of Public International, European and Foreign Public Law, Free University of Berlin

Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas

Georgia Journal of International & Comparative Law

No abstract provided.


The Black Market Trade In Chlorofluorocarbons: The Montreal Protocol Makes Banned Refrigerants A Hot Commodity, Frederick P. Landers Jr. 2014 University of Georgia School of Law

The Black Market Trade In Chlorofluorocarbons: The Montreal Protocol Makes Banned Refrigerants A Hot Commodity, Frederick P. Landers Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Getches Wilkinson Center Newsletter, Fall 2014, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2014 University of Colorado Law School

Getches Wilkinson Center Newsletter, Fall 2014, 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.


Sustaining An Unsustainable Fuel Source: How Lifecycle Greenhouse Gas Limitations Can Improve The Sustainability Of The Tar Oil Industry, Brittany DeBord 2014 The George Washington University Law School

Sustaining An Unsustainable Fuel Source: How Lifecycle Greenhouse Gas Limitations Can Improve The Sustainability Of The Tar Oil Industry, Brittany Debord

Brittany DeBord

The United States seeks to achieve energy security and self-sufficiency by acquiring energy from Canadian tar sands and promoting a domestic tar sands industry. However, support for this industry is inconsistent with the greenhouse gas reduction policies of the Energy Independence and Security Act and the North American Agreement on Environmental Cooperation, since tar oil extraction creates three times more carbon emissions than conventional oil extraction. Legislation limiting lifecycle greenhouse gas emissions has already been implemented through the Renewable Fuel Standard Program in response to concerns that plant-based fuel production leads to greater carbon emissions than intended. Since the lifecycle ...


Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. McEntire, J. Chris Rabon 2014 University of Georgia

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon

Georgia Journal of International & Comparative Law

No abstract provided.


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