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Articles 1 - 9 of 9
Full-Text Articles in Law
Emerging Shadows In National Solar Policy? Nevada's Net Metering Transition In Context, Lincoln L. Davies, Sanya Carley
Emerging Shadows In National Solar Policy? Nevada's Net Metering Transition In Context, Lincoln L. Davies, Sanya Carley
Utah Law Faculty Scholarship
Nevada recently overhauled its net energy metering policy, and instituted a new net billing program in its place. Nevada’s decision received significant attention across the nation, and raised the question whether other states will follow suit. This article reviews the process and decisions in Nevada that led to these policy changes, and puts Nevada’s experience in the context of national solar industry and net metering policy trends. Observing that pressure to change net metering policies is likely to increase across the U.S., the article concludes with insights that other states can glean from Nevada’s experience.
Nepa, Flpma, And Impact Reduction: An Empirical Assessment Of Blm Resource Management Planning In The Mountain West, John C. Ruple, Mark Capone
Nepa, Flpma, And Impact Reduction: An Empirical Assessment Of Blm Resource Management Planning In The Mountain West, John C. Ruple, Mark Capone
Wallace Stegner Center for Land, Resources, and the Environment publications
This Article reviews Environmental Impact Statements (EIS) completed in conjunction with Resource Management Plan (RMP) revisions conducted by the Bureau of Land Management (BLM) in Colorado, Montana, Utah, and Wyoming between 2004 and 2014. Based on our review of sixteen EISs, we found that RMP revisions increased application of more protective surface use stipulations by statistically significant amounts without causing a statistically significant change in either the number of jobs created or the pace of oil and gas development. In fact, both the number of jobs created and wells drilled increased slightly despite strengthened environmental protections. We also found that …
Nepa And The Energy Policy Act Of 2005 Statutory Categorical Exclusions: What Are The Environmental Costs Of Expedited Oil And Gas Development?, Mark Capone, John C. Ruple
Nepa And The Energy Policy Act Of 2005 Statutory Categorical Exclusions: What Are The Environmental Costs Of Expedited Oil And Gas Development?, Mark Capone, John C. Ruple
Wallace Stegner Center for Land, Resources, and the Environment publications
A decade ago, concerned that National Environmental Policy Act (“NEPA”) compliance caused delays in permitting oil and gas (“O&G”) development on federal land, Congress enacted Section 390 of the Energy Policy Act (“EPAct”) of 2005. Section 390 is intended to expedite the environmental review of O&G development projects on federal lands. To effectuate that end Congress created several statutory categorical exclusions (“CEs”) to NEPA that apply to O&G development. Prior to the EPAct, the Bureau of Land Management (“BLM”) would permit new O&G development after conducting an Environmental Impact Statement (“EIS”) or Environmental Assessment (“EA”). EISs and EAs were the …
Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff
Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff
Utah Law Faculty Scholarship
Climate change is one of the greatest challenges confronting society today. Solar climate engineering (SCE) has the potential to reduce climate risks substantially. This controversial technology would make the earth more reflective in order to counteract global warming. Though the science of SCE is still in its infancy, SCE research and development should proceed in a coordinated, responsible, and expeditious fashion. However, the role of patents, research data, and trade secrets in SCE research remains unclear and contested. To this end, this article identifies concerns that may arise through the acquisition of intellectual property rights in SCE and proposes the …
The Role Of Natural Gas In The Clean Power Plan, Lincoln L. Davies, Victoria Lumen
The Role Of Natural Gas In The Clean Power Plan, Lincoln L. Davies, Victoria Lumen
Utah Law Faculty Scholarship
This article overviews the role that natural gas has played over time in the United States. It identifies and surveys five key historical roles that natural gas has served: (1) as an early competitor for lighting, (2) as a nuisance byproduct in oil production, (3) as a heating and appliance fuel, especially as pipeline technology improved, (4) as a catalyst for legal change during the energy crises, and (5) as an increasingly important fuel for electricity production. The article then examines the likely role of natural gas as way to address climate change in the United States, using the ideas …
Incomplete Integration: Water, Drought, And Electricity Planning In The West, Lincoln L. Davies, Victoria Luman
Incomplete Integration: Water, Drought, And Electricity Planning In The West, Lincoln L. Davies, Victoria Luman
Utah Law Faculty Scholarship
The water-energy nexus is increasingly important as climate change alters social, policy, and economic tradeoffs and choices. This is particularly true in the arid western United States. This article provides an original empirical assessment of 33 integrated resource plans (IRPs) of electric utilities in that region. The analysis shows that only a minority of utilities address the risk of drought in their IRPs. Even fewer use their IRPs to develop concrete plans to address drought risk. Consequently, we suggest four different strategies for utilities to better integrate water and electricity planning. Importantly, our analysis reveals that legal and policy changes …
Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes
Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes
Utah Law Faculty Scholarship
Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity’s part in driving climate change, accounting for more greenhouse gas (GHG) emissions globally than any other activity. This article provides an introduction to different methods of regulating climate emissions from the electricity sector. It does so through detailed, comparative accounts of climate regulation of electricity in four different jurisdictions: Australia, Great Britain, South Korea, …
It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig
It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig
Utah Law Faculty Scholarship
Marine aquaculture and marine-based alternative energy, especially offshore wind, are increasingly competing for space on the Outer Continental Shelf and the water column above it with each other and with more traditional ocean uses. The laws governing this increasingly crowded space need to become better aware of changing uses of and values for the ocean and to promote rational planning of how this space is used in the future.
In one approach, various regions of the U.S. coast are actively engaged in comprehensive marine spatial planning. Marine spatial planning is a process designed to prioritize, balance, and rationally allocate the …
Amici Curiae Brief Of Law Professors, Belk V. Commissioner, U.S. Court Of Appeals For The Fourth Circuit, Nancy Mclaughlin
Amici Curiae Brief Of Law Professors, Belk V. Commissioner, U.S. Court Of Appeals For The Fourth Circuit, Nancy Mclaughlin
Utah Law Faculty Scholarship
Amici Curiae Brief of five law professors filed in the U.S. Court of Appeals for the Fourth Circuit in support of affirming of the Tax Court's holding in Belk v. Commissioner, T.C. Memo 2013-154, and Belk v. Commissioner, 140 T.C. 1 (2013).