Law Commons^™

Implied Covenants In Oil And Gas Law Under Federal Energy Price Regulation, Jacqueline L. Weaver

Vanderbilt Law Review

This Article seeks to determine whether the federal pricing regulations have imposed new duties on the lessee in his relationship to a lessor, and, if so, the nature, scope, and consequences of those duties. The Article contends that the federal pricing schemes in oil and gas will lead to a renaissance of certain implied covenants that the law has traditionally recognized--albeit now framed in a new setting. The Article focuses on those issues that are likely to require resolution under both the implied covenant to market and the less well-known implied covenant to seek favorable administrative action.

Coal Policy--Need It Be The West Against The Rest?, C. Peter Goplerud Iii, Duffy Ruimerman

University of Michigan Journal of Law Reform

This Article will analyze the legal issues involved in this "West against the rest" conflict. While numerous areas of disagreement exist within the larger picture of Western-federal relations, the Article will focus on two specific issues of present concern. First, the Article will explore the role of the states under the Surface Mining Control and Reclamation Act of 1977. This section includes an analysis of recent litigation involving regulations promulgated by the Secretary of the Interior relating to the establishment of state mining programs. Second, the Article will address the imposition of state severance taxes on coal, with particular emphasis …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Reader Response, Natural Resources Journal

Natural Resources Journal

No abstract provided.

District Court Review Of Nrc's Three Mile Island Decisions Upheld, Paula Z. Hanson

Natural Resources Journal

No abstract provided.

Certain Imperial Irrigation District Land Not Subject To Acreage Limitation Of Federal Reclamation Laws, Jane C. Cohen

Natural Resources Journal

No abstract provided.

The Protection Of American Antiquities: 1906-1981, Sandra Kemrer

Natural Resources Journal

No abstract provided.

Energy Facility Siting: Recent Models Of Reform, Charles R. Ching

Washington Law Review

This comment first defines the energy-environment dilemma which frames the issues of energy facility siting. The comment then compares and evaluates the relative strengths and weaknesses of fast-track siting and one-stop siting. The comment concludes that, in an effort to expedite the siting process and to increase domestic energy production, the Reagan Administration should adopt a federal policy favoring one-stop siting.

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Supreme Court Clarifies Water Act Requirement, Mary Ramczyk Higgins

Natural Resources Journal

No abstract provided.

Clouded Titles In Community Property States: New Mexico Takes A New Step, Terrence R. Kamm

Natural Resources Journal

No abstract provided.

Compelled Self-Incrimination And The Federal Water Pollution Control Act, John Mcvey

Natural Resources Journal

No abstract provided.

Portsmouth, Virginia: Oil In - Or Coal Out?, Mark J. Lafratta

William & Mary Environmental Law and Policy Review

No abstract provided.

Conversion Of Vepco's Yorktown Power Station From Oil To Coal Faces Problems, Albert Barker

William & Mary Environmental Law and Policy Review

No abstract provided.

Abolishing The "Extraordinary Nuclear Occurrence" Threshold Of The Price-Anderson Act, Dean R. Tousley

University of Michigan Journal of Law Reform

This article critically examines the extraordinary nuclear occurrence threshold in light of its congressional purpose. Part I surveys the Price-Anderson Act's nuclear liability scheme. Part II focuses on the extraordinary nuclear occurrence threshold, scrutinizing its content and its application to the Three Mile Island accident. Part III discusses the need for reform of the nuclear liability waiver of defenses scheme, concluding that the threshold should be abolished.

Pennsylvania's Technologically Impossible Air Pollution Standards Upheld, J. Michele Guttmann

Natural Resources Journal

No abstract provided.

Tribal Severance Taxes - Outside The Purview Of The Commerce Clause, Susan Tixier

Natural Resources Journal

No abstract provided.

The Role Of Warranties And Product Standards In Solar Energy Development, William H. Lawrence, John H. Minan

Vanderbilt Law Review

This Article examines the use of warranties and product standards in solar marketing as ways to bring about the needed confidence in and acceptance of solar equipment. The first part of the Article analyzes relevant warranty law from the perspectives of solar sellers and buyers. Some government and private groups have argued that warranties can provide the needed impetus for solar development, and there is thus a great tendency today to view warranties as the means to encourage solar usage. The premise advanced in this part of the Article, however, is that warranty law, operating independently, is unlikely to instill …

Nuclear Power And Legal Advocacy, Michigan Law Review

Michigan Law Review

A Review of Nuclear Power and Legal Advocacy by Constance Ewing Cook

Energy: The Next Twenty Years, Michigan Law Review

Michigan Law Review

A Review of Energy: The Next Twenty Years by A Study Group Sponsored by the Ford Foundation Administered by Resources for the Future

Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt

Fordham Urban Law Journal

This article examines the concept of cogeneration, a term for the simultaneous production of both electricity and other useful energy in a single facility by a cascading use of heat energy. It analyzes the rise of cogeneration through the lens of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), enacted by Congress to improve the distribution of electric energy and encourage the conservation of resources, as well as the efforts of the Federal Energy Regulatory Commission ("FERC") to encourage cogeneration. This article discusses a number of the issues raised and left unresolved by this federal policy of encouraging the …

Book Reviews, Edward C. Brewer, Iii., W. Paul Gormley, Allaire U. Karzon.

Vanderbilt Journal of Transnational Law

DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S.: A GUIDE TO INCENTIVE PROGRAMS, LAWS AND RESTRICTIONS 1980-1981

Raymond Waldmann

Washington D.C.: Transnational Investments, Ltd.; London: Kluwer Publishing, 1980. Pp. viii, 443. $75.00, London £45 plus £1 surface mail.

Reviewed by Edward C. Brewer, III.

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NUCLEAR ENERGY AND NUCLEAR WEAPON PROLIFERATION

Frank Barnaby, Jozef Goldblat, Bhupendra Jasani, and Joseph Rotblat,eds. Published for the Stockholm International Peace Research Institute. London: Taylor & Francis, 1979. Pp. xxiv, 462.

Reviewed by W. Paul Gormley

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INTERNATIONAL ASPECTS OF U.S. INCOME TAXATION Vois. I and III

Elisabeth Owens Boston, Mass.: Harvard Law School, 1980. Pp.305. …

Nuclear Power And Non-Proliferation: The View From Brazil, James P. Rowles

Vanderbilt Journal of Transnational Law

This article contains a hypothetical memorandum written by a hypothetical Brazilian policymaker, together with a hypothetical draft Brazilian proposal for the establishment of an International Plutonium Storage regime. None of these materials should be interpreted as a statement of policy by any Brazilian official or by the Republic of Brazil...

This article consists primarily of a hypothetical review memorandum written for Brazilian President Joao Baptista Figueiredo by a hypothetical Brazilian policymaker offering advice on two issues of immediate concern to Brazil. The first involves proposals for the establishment, under International Atomic Energy Agency (IAEA) auspices, of an International Plutonium Storage …

The Canadian National Energy Program: An Example Of Assertion Of Economic Sovereignty Or Creeping Expropriation In International Law, Errol P. Mendes

Vanderbilt Journal of Transnational Law

The Canadian National Energy Program provides insight into the critical global debate on the expropriation of alien investors' property. Sovereign states can no longer expropriate by forced and outright transfers of an alien's assets without any compensation. States which expropriate in this manner face massive retaliation from the powerful capital-exporting countries through, inter alia, the cutting of trade and commercial ties, the freezing of assets, retaliatory diplomatic moves, and court action in the home state of the investors. The principles of international law and policy concerning expropriation are gradually evolving through diplomatic negotiations, international and domestic courts and tribunals, resolutions …

Navigable Water Not Always Subject To Free Public Access, Maureen Mcguinness

Natural Resources Journal

No abstract provided.

Supreme Court Fails To Reach Inverse Condemnation Issue, Scott Hancock

Natural Resources Journal

No abstract provided.

Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt

Fordham Urban Law Journal

This article examines the concept of cogeneration, a term for the simultaneous production of both electricity and other useful energy in a single facility by a cascading use of heat energy. It analyzes the rise of cogeneration through the lens of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), enacted by Congress to improve the distribution of electric energy and encourage the conservation of resources, as well as the efforts of the Federal Energy Regulatory Commission ("FERC") to encourage cogeneration. This article discusses a number of the issues raised and left unresolved by this federal policy of encouraging the …

Acquisition Of Energy Resources Under The Pacific Northwest Electric Power Planning And Conservation Act: A Look At The Future, James O. Luce, Janet W. Mclennan

Seattle University Law Review

This article addresses the impact of the Pacific Northwest Electric Power Planning and Conservation Act, focusing on two issues: (1) proposed administrative procedures, and (2) the BPA purchase authority. Purchase authority permits the BPA to purchase additional electric energy beyond the hydroelectric and thermal power it already markets. Purchase authority was at the heart of the debate over the regional power legislation. The administrative procedures the agency may adopt will establish the framework for many of the BPA's majority policy decision. Discussion of these issues necessarily involves an analysis of how the legislation will affect the BPA's actions.

Kentucky Law Survey: Utility Law, Laura L. Murrell, William R. Dexter

Kentucky Law Journal

No abstract provided.

Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie

Seattle University Law Review

This article discusses how the Pacific Northwest Electric Power Planning and Conservation Act may affect the region's choice of resources to construct. Potential choices range from conventional resources such as coal and nuclear to renewable resources such as geothermal, biomass, wave, tidal, solar, and wind. In addition, conservation and cogeneration are now viable energy alternatives. This discussion focuses on PNEPPCA's resource acquisition priority scheme and provides an overview of the incentives and disincentives which may influence the resource selection process. Rather than predicting which resources the region's utilities may ultimately construct, this article analyzes the legal barriers proponents of particular …