Law Commons^™

Solar Energy Policy In Canada: An Overview Of Recent Legislative And Community-Based Trends Towards A Coherent Renewable Energy Sustainability Framework, Kamaal Zaidi

Kamaal Zaidi

This paper outlines solar energy policy in Canada, in the hopes of advancing renewable energy policy. More specifically, the most recent advances in public policy relating to renewable energy are examined in selected provinces to show how solar energy is on the rise in Canada. The technology behind solar energy is briefly analyzed, while the legal aspects of solar energy are covered to build upon the discussion in various provinces. Since much of Canadian solar energy policy draws from Germany, Japan, and the United States, these three jurisdictions are mentioned to show their solar energy policies. The paper ends with …

State Standards For Nationwide Products Revisited: Federalism, Green Building Codes, And Appliance Efficiency Standards, Alexandra B. Klass

Alexandra B. Klass

This Article considers the federal preemption of state standards for building appliances and places the issue within the ongoing federalism debate over the role of state standards for “nationwide products” such as automobiles, pharmaceuticals, and other consumer products. Notably, residential, commercial, and industrial buildings make up approximately 40 percent of total U.S. energy demand and the same percentage of U.S. carbon dioxide (CO2) emissions, while the appliances within those buildings are responsible for 70 percent of building energy use, making appliance efficiency a central component of any national effort to reduce energy use and greenhouse gas (GHG) emissions. For decades …

The Evolution And Anatomy Of Recent Climate Change Bills In The U.S. Senate: Critque Ad Recommendations, Kenneth R. Richards

Kenneth R. Richards

The United States' current financial conditions notwithstanding, climate change remains at the forefront of our national policy agenda. Congress has already considered comprehensive climate legislation in the recent past; during the 110th Congress, three climate change bills were considered in the U.S. Senate: the Bingaman-Specter bill (S. 1766), the Lieberman-Warner bill (S. 2191), and the Manager's Amendment to the Lieberman-Warner bill (S. 3036). In the midst of partisan disagreements and the urgency of the U.S. economic crisis, the Senate was unable to pass a climate change bill during the 110th Congress.

This analysis compares the three bills to derive insights …

Economic Impact Of California Greenhouse Gas Emissions Reduction Plan, Charles Edward Doering

Charles Edward Doering

ABSTRACT The California Global Warming Solutions Act of 2006 requires greenhouse gas emissions to be reduced to 1990 levels by 2020, and designates the Air Resources Board as lead agency of the program. The agency developed a Scoping Plan outlining 40 measures mandating: (a) increased energy efficiency in vehicles, buildings and appliances, (b) greater reliance on renewable electric generation, (c) enhanced industry operational efficiencies, (d) methane capture, and (e) an emissions cap-and-trade program. The agency projects the measures to generate these benefits: (a) a positive net cost/benefit of $16.1 billion, (b) increased economic output of $33 billion, (c) gross state …

An Unattainable Wedge: Four Limiting Effects On The Expansion Of Nuclear Power, Tanya K. Mortensen

Tanya K Mortensen

With a cap and trade system likely imminent, concerns about the costs of generating electricity and how electrical generators can best mitigate the effects of a carbon trade system are resurfacing. As a result, interests in nuclear power are resurging world-wide. Although, the purpose of this paper is aimed at national decision making, the problems and processes that confront decision makers internationally are effectively the same as those confronting decision makers in the United States. This paper examines the feasibility of using nuclear power as a wedge to reduce CO2 emissions, and puts forth four effects that may prevent or …

An Unattainable Wedge: Four Limiting Effects On The Expansion Of Nuclear Power, Tanya K. Mortensen

Tanya K Mortensen

With a cap and trade system likely imminent, concerns about the costs of generating electricity and how electrical generators can best mitigate the effects of a carbon trade system are resurfacing. As a result, interests in nuclear power are resurging world-wide. Although, the purpose of this paper is aimed at national decision making, the problems and processes that confront decision makers internationally are effectively the same as those confronting decision makers in the United States. This paper examines the feasibility of using nuclear power as a wedge to reduce CO2 emissions, and puts forth four effects that may prevent or …

Curious Corners Of Louisiana Mineral Law: Cemeteries, School Lands, Erosion, Accretion, And Other Oddities, Ryan M. Seidemann

Ryan M Seidemann

Although the legal issues discussed herein are varied, they can be reduced to a few cautionary principles. Do not disturb the dead. Make sure that any mineral activities that might impact cemeteries comply fully with Title 8 of Louisiana’s Revised Statutes. Watch out for school lands. Sixteenth section lands, generally, are not that confusing, but be aware of them when conducting title searches to ensure that leases are taken from and royalties are paid to proper parties. Be aware of water movements. The impact of natural and anthropogenic changes in waterways can affect ownership of mineral rights. Know who can …

The Alaska Gasline Inducement Act: Commercial Issues/Public Exposure, Rogmarks@Gmail.Com Roger Marks

rogmarks@gmail.com Roger Marks

The Alaska Gasline Inducement Act (AGIA) was enacted by the State of Alaska in 2007 to attempt to progress the construction of a natural gas pipeline from the Alaska North Slope to North American markets. The Act conveys monetary inducements from the state to the exclusive licensee in exchange for certain performance requirements. The financing of any pipeline requires the contractual commitment from the shippers (producers) to pay to ship the gas over an extended period of time. However, many of the performance requirements of AGIA are antithetical to the commercial interests of the shippers. Moreover, a flawed financial analysis …

Climate Change, Carbon Sequestration, And Property Rights, Alexandra B. Klass, Elizabeth J. Wilson

Alexandra B. Klass

This Article considers the role of property rights in efforts to transport, inject, and store underground hundreds of million of tons of carbon dioxide (CO2) per year from power plants and other industrial facilities in order to combat dangerous climate change. This technology, known as carbon capture and sequestration (CCS), could provide deep emission cuts, particularly from coal power generation, on a worldwide basis. In order to implement CCS, private operators and state and federal governments must be able to access hundreds of millions of acres of “pore space” roughly a kilometer below the earth’s surface in which to store …

The Deportation Of Migrant Workers From Israel: Theory, Policy And The Law, Yossi Dahan

Yossi Dahan

This essay proposes a theoretical framework for understanding the deportation of tens of thousands of migrant workers from Israel between the years 1995 and 2005. To this end, it examines Israeli deportation policy based, inter alia, on an empirical study of hundreds of deportation cases litigated in the courts between 2001 and 2005. This examination demonstrates that the deportation campaign was designed to achieve two parallel goals: to lower labor costs by creating a large class of indentured workers through what has been referred to as the “binding arrangement” (a neo-liberal goal) and to deny the grant of civic status …

Effects Of Mandated Reductions In Greenhouse Gasses: Potential Fifth Amendment Taking?, Richard L. Vail

Richard L Vail

Many consider global warming to be the greatest current threat to civilization as we know it. Proposed regulation involves massive transfers of wealth and will result in substantial changes in society. As no historical government action, with the exception of fighting two world wars and the "new deal", approaches the magnitude of this quantum shift in the economy, various interest will undoubtedly experience disruptions in their investment based expectations. This paper examines possible constitutional concerns based on possible takings without just compensation.

Breaking Ground On The New Green Deal, Erin Ryan

Erin Ryan

This op-ed urges reluctant members of Congress to act on stimulus proposals to invest in a renewable energy economy.

Resource Taxation As A Tool For Development, Oladiran Ajayi

Oladiran Ajayi

ABSTRACT Development is a topical issue. The question of how to bring it about often attracts different answers. An answer for countries rich in natural resources is to use wealth from resources to fund development initiatives. The thinking is that revenues from natural resources should translate into a higher standard of living for the people living in these countries. This, however, has not been the case for many resource rich countries. They have been plagued by a phenomena referred to as the “resource curse”. Large resource endowments appear to move development in a backward direction. This study will attempt to …

Why Have Developers Been Powerless To Develop Ocean Power?, Sarah Mcquillen Tran

Sarah Tran

This Article suggests that regulation by the Federal Energy Regulatory Commission (FERC) offers a robust alternative to regulation by the Mineral Mining Service (MMS) for those alternative energy projects located between three to twelve nautical miles from the U.S. shore. The paper briefly illustrates the ocean’s immense potential to provide this nation with clean, sustainable, and cost-effective energy from ocean waves, tides, and currents. The paper then shows how a heated territorial dispute between FERC and MMS for control over these green energy projects obstructed the research and development necessary to make them viable as the administrative conflict generated immense …

Carbon Regulation And Its Impact On The Appalachian Basin: Why The Coal-Fired Energy Industry In Appalachia Should Embrace, Prepare For, And Help Shape A Comprehensive Legislative Scheme That Limits Greenhouse Gas Emissions, Mark L. Belleville

Mark L. Belleville

The premise of this article – the coal-fired energy industry in Appalachia should embrace, prepare for, and help shape a comprehensive federal legislative scheme that limits carbon dioxide and other greenhouse gas emissions – may sound counterintuitive. Why would an industry that emits greenhouse gases (GHGs) get on board with a national plan to limit GHG emissions? The reason is threefold. First, some form of regulation limiting emissions is inevitable. Second, in many respects, a comprehensive federal scheme is preferable to the current patchwork that exists. Finally, a comprehensive federal scheme can be tailored to be advantageous (or at least …

Atomic Power, Fossil Fuels, And The Environment: Lessons Learned And The Lasting Impact Of The Kennedy Energy Policies, Joshua P. Fershee

Joshua P Fershee

Because of his short term of office, President Kennedy’s energy policies have not been critiqued, reviewed, or analyzed in the same manner, or to the same degree, as other administrations. This Essay fills part of that void by reviewing the key components of President Kennedy’s energy and environmental goals and policies that managed to have a lasting impact, despite his short term in office, and discusses the results of those policies, both positive and negative. Through this review, President Kennedy’s policies can become a resource and roadmap for the current Administration and all those who seek to ensure access to …

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

Erin Ryan

As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …

I Drink Your Milkshake: The Status Of Hydraulic Fracture Stimulation In The Wake Of Coastal V. Garza, Caleb A. Fielder

Caleb A Fielder

The State of Texas is the single largest domestic producer of natural gas in the United States. Most of the natural gas reserves in the state, and indeed in the nation as a whole, are commercially unproductive without the use of hydraulic fracture stimulation. This method, whereby voluminous amounts of fluid are pumped into a wellbore at enormous pressures to create cracks or fractures in the reservoir rock containing the oil or gas, can substantially increase the level of oil and gas production, not just for the individual well but for the entire field.

The Texas Supreme Court recently ruled, …