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How Environmental Litigation Has Turned Pipelines Into Pipe Dreams, Madison Hinkle, Jesse J. Richardson Jul 2022

How Environmental Litigation Has Turned Pipelines Into Pipe Dreams, Madison Hinkle, Jesse J. Richardson

Law Faculty Scholarship

Proposed oil and gas pipelines have faced a myriad of legal challenges in the past several years. Even where pipeline proponents have prevailed, the cost and delay of protracted litigation has often caused cancellation of pipeline projects. In addition, presidential transitions have led to abrupt reversals of pipeline policies, which courts have often reviewed skeptically. This Article explores the regulatory framework for pipeline construction and analyzes recent lawsuits, describing the legal requirements that agencies must follow to change policies and discussing policies of the Obama and Trump Administrations in context of the legal challenges. It concludes by analyzing the approaches …


Land Use Conflicts Between Wind And Solar Renewable Energy And Agriculture Uses, Peggy Kirk Hall, Whitney Morgan, Jesse Richardson Jan 2022

Land Use Conflicts Between Wind And Solar Renewable Energy And Agriculture Uses, Peggy Kirk Hall, Whitney Morgan, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


Quantifying The Resilience Value Of Distributed Energy Resources, James M. Van Nostrand Oct 2019

Quantifying The Resilience Value Of Distributed Energy Resources, James M. Van Nostrand

Law Faculty Scholarship

Extreme weather events, which are occurring with increasing frequency as a result of climate change, threaten the reliability and resilience of the nation's electricity grid. Increased flooding due to intense rainfall, hurricane damage fueled in part by a warmer atmosphere and warmer, higher seas, and widespread wildfires caused by extended drought conditions constitute potential hazards for utility infrastructure and delivery of essential electricity service. As a possible adaptation strategy, increased deployment of distributed energy resources (DERs), which are small-scale generating resources located near-and connected to-a load being served with or without grid interconnection, can improve the resilience of the electric …


Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle Sep 2019

Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle

West Virginia Law Review

No abstract provided.


An Analysis Of Mandatory Hookup Law: Cases & Statutes, Jesse Richardson Jan 2019

An Analysis Of Mandatory Hookup Law: Cases & Statutes, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


Keeping The Fox From Managing The Henhouse: Why Incumbent Utilities Should Not Be Allowed To Operate The Distribution System Platform, James M. Van Nostrand Jan 2017

Keeping The Fox From Managing The Henhouse: Why Incumbent Utilities Should Not Be Allowed To Operate The Distribution System Platform, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.


Keeping The Lights On During Superstorm Sandy: Climate Change And Adaptation And The Resiliency Benefits Of Distributed Generation, James M. Van Nostrand Jan 2015

Keeping The Lights On During Superstorm Sandy: Climate Change And Adaptation And The Resiliency Benefits Of Distributed Generation, James M. Van Nostrand

Law Faculty Scholarship

Hurricane Sandy (ultimately downgraded to "Superstorm" Sandy by the time it hit the coasts of New York and New Jersey in late October 2012) was the most lethal and destructive hurricane in 2012, resulting in 285 deaths, $68 billion in damages, and 8.5 million utility customers in the eastern United States losing power. Superstorm Sandy provided a wake-up call for electric utilities on the need to adopt a different set of long-term planning tools to improve the resilience of the electric system against anticipated extreme weather events. The experience of Superstorm Sandy provides a case study of the system resiliency …


Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks Apr 2014

Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks

West Virginia Law Review

No abstract provided.


Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld Apr 2014

Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld

West Virginia Law Review

No abstract provided.


Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks Apr 2014

Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks

West Virginia Law Review

No abstract provided.


Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee Apr 2014

Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee

West Virginia Law Review

No abstract provided.


Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis Apr 2014

Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis

West Virginia Law Review

No abstract provided.


Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon Apr 2014

Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon

West Virginia Law Review

No abstract provided.


Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen Apr 2014

Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen

West Virginia Law Review

No abstract provided.


Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee Apr 2011

Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee

West Virginia Law Review

No abstract provided.


Legal Issues In Financing Energy Efficiency: Creative Solutions For Funding The Initial Capital Costs Of Investments In Energy Efficiency Measures, James M. Van Nostrand Jan 2011

Legal Issues In Financing Energy Efficiency: Creative Solutions For Funding The Initial Capital Costs Of Investments In Energy Efficiency Measures, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.


Implications Of A Federal Renewable Portfolio Standard: Will It Supplement Or Supplant Existing State Inititives?, James M. Van Nostrand, Anne Marie Hirschberger Jul 2010

Implications Of A Federal Renewable Portfolio Standard: Will It Supplement Or Supplant Existing State Inititives?, James M. Van Nostrand, Anne Marie Hirschberger

Law Faculty Scholarship

No abstract provided.


Energy Independence Through Increased Utilization Of American Coal: Goal Of The 98th Congress, James A. Mcclure Apr 1984

Energy Independence Through Increased Utilization Of American Coal: Goal Of The 98th Congress, James A. Mcclure

West Virginia Law Review

No abstract provided.


Universal Scrubbing: Cleaning The Air, Eugene M. Trisko Aug 1982

Universal Scrubbing: Cleaning The Air, Eugene M. Trisko

West Virginia Law Review

No abstract provided.


Monitoring Foreign Investment In Energy Resources: Problems And Proposals, James J. Friedberg Aug 1982

Monitoring Foreign Investment In Energy Resources: Problems And Proposals, James J. Friedberg

West Virginia Law Review

No abstract provided.


West Virginia's Generation Of Electricity Tax: Is It Valid After Snead, Thodore H. Ghiz Jr. Sep 1980

West Virginia's Generation Of Electricity Tax: Is It Valid After Snead, Thodore H. Ghiz Jr.

West Virginia Law Review

No abstract provided.


A Common Sense Approach To Coal's Role In Resolving America's Energy Crisis, John D. Rockefeller Iv Jun 1980

A Common Sense Approach To Coal's Role In Resolving America's Energy Crisis, John D. Rockefeller Iv

West Virginia Law Review

No abstract provided.


Book Review: Energy Future: Report Of The Energy Project At The Harvard Business School, William H. Miernyk Jun 1980

Book Review: Energy Future: Report Of The Energy Project At The Harvard Business School, William H. Miernyk

West Virginia Law Review

No abstract provided.


Coal: The Coming Decade, Jennings Randolph Jun 1980

Coal: The Coming Decade, Jennings Randolph

West Virginia Law Review

No abstract provided.


The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill Dec 1979

The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill

West Virginia Law Review

No abstract provided.


The Legislative Evolution Of Title I Of The Public Utility Regulatory Policies Act Of 1978: The Study In Compromise, James M. Van Nostrand Oct 1979

The Legislative Evolution Of Title I Of The Public Utility Regulatory Policies Act Of 1978: The Study In Compromise, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.


Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford Sep 1978

Due Process Applied To Utility Rate Increases: State Ex Rel. Knight V. Psc, Larry Ford

West Virginia Law Review

No abstract provided.


Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers Jun 1974

Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers

West Virginia Law Review

No abstract provided.


The New Values Of Coal: Introduction Apr 1974

The New Values Of Coal: Introduction

West Virginia Law Review

No abstract provided.


Coal And The Energy Crisis, C. Howard Hardesty Jr. Apr 1974

Coal And The Energy Crisis, C. Howard Hardesty Jr.

West Virginia Law Review

No abstract provided.