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Articles 1 - 30 of 144
Full-Text Articles in Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
Curbing Energy Sprawl With Microgrids, Sara C. Bronin
Curbing Energy Sprawl With Microgrids, Sara C. Bronin
Cornell Law Faculty Publications
Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …
New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen
New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen
Chicago-Kent Law Review
Commentators believe that programs in China promoting development of new renewable energy capacity have produced astonishing achievements in a short period of time. Evoking the "space race" between the United States and the U.S.S.R. after the launch of the Sputnik satellite in 1957, observers contend that the United States and China are in a "greentech race" to secure international leadership in the development and deployment of renewable energy. As U.S. Energy Secretary Chu has put it, many believe this is a modern "Sputnik moment." This Article finds that China's programs and initiatives are indeed leading to considerable success, but, using …
Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek
Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek
Chicago-Kent Law Review
The United States' primary transportation energy sources are fossil fuels, namely, gasoline and diesel. These products have high environmental, security, and financial costs. A strong emphasis has been placed on biofuels, especially ethanol and biodiesel, to lessen reliance on fossil fuels. Historically, high production costs, lack of infrastructure, return on investment anxieties, and concerns about scaling-up production have slowed the development of these alternative technologies. Today, biotechnological solutions are lowering productions costs and making large scale production more economically feasible. Patents can lessen anxieties about investment as they can provide longer-term protection and market exclusivity for patented technologies. As biofuels …
Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley
Chicago-Kent Law Review
The effort to establish national standards to control mercury air pollution from coal-fired power plants now spans twenty years, four presidential administrations, and remains undone. This note will briefly describe the failed twenty-year effort to regulate mercury emissions from coal-fired power plants. It will show how United States Environmental Protection Agency (U.S. EPA) efforts during the (first) Bush and Clinton Administrations to construct mercury regulations were dismantled during the Administration of George W. Bush. During the second Bush Administration, U.S. EPA substituted a new regulatory approach that was ultimately repudiated by the federal judiciary as plainly inconsistent with the Clean …
A Brief History Of Energy Law In United States Law Schools: An Introduction To The Symposium, Fred Bosselman
A Brief History Of Energy Law In United States Law Schools: An Introduction To The Symposium, Fred Bosselman
Chicago-Kent Law Review
No abstract provided.
Corporate Social Responsibility In The Oil And Gas Industry: The Importance Of Reputational Risk, David B. Spence
Corporate Social Responsibility In The Oil And Gas Industry: The Importance Of Reputational Risk, David B. Spence
Chicago-Kent Law Review
Modern oil and gas production takes place in environments that are increasingly challenging, environments that pose very high levels of technical risk, as well as political, social, environmental, heal and safety risks. The people of the oil-rich nations of the world are growing more assertive politically and more sensitive to the environmental, health, and safety risks posed by oil and gas development. Governments, nongovernmental organizations (NGOs), and local people seek the means to control oil and gas development so as to minimize the risk of harm and provide redress in the event harm is done. Oil and gas companies have …
Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen
Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen
Chicago-Kent Law Review
Farming, ranching, and other agricultural activities are in a relatively unique position amongst all human-caused sources of global warming. Unlike fossil fueled power plants and vehicles, for example, agriculture will suffer direct economic losses from the impacts of global warming on its products, such as through reduced crop yields. Also unlike other causes of global warming, agriculture can both mitigate global warming and increase revenue through a range of different practices, such as carbon sequestration and investments in carbon-friendly renewable energy. This article explains how global warming affects agriculture, especially in the Midwest and Great Plains, and how agriculture contributes …
The Art Of Subsidizing Fuel-Free Electricity Under The European Economic Area Agreement As Illustrated By Norway's Reversion Instrument, Peter Ørebech
The Art Of Subsidizing Fuel-Free Electricity Under The European Economic Area Agreement As Illustrated By Norway's Reversion Instrument, Peter Ørebech
Chicago-Kent Law Review
The purpose of this article is to scrutinize legal barriers to state aid instruments in transforming fuel-based electricity into renewable energy, the subsidy prerequisites by which the national state may champion fuel free power production. Subsidy is illustrated by the 2004 Official Norwegian Report's (NOU) disapproval of the Norwegian Reversion Institute (NRI), as a result of a waiver clause to the benefit of municipal power plants. A licensing period of sixty years is final. Relicensing is not possible; only private leasing may occur.
As outlined, my basic criticism is that the NOU confuses interstate distortion of competition as it is …
Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern
Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern
Chicago-Kent Law Review
There is a schism in the legal scholarship between scholars who argue that value, norm, and information campaigns can induce pro-environmental behavior and those who contend that structural, psychological, and social forces sharply constrain behavior change. Both sides of this debate have neglected the critical and ever-increasing role of technology in addressing residential pollution. The example of electricity "smart grids" illustrates how technology engineered to override cognitive and behavioral limitations can comprehensively reduce household consumption and emissions. Electricity conservation suffers from multiple barriers to collective action, including large numbers of geographically dispersed polluters, low financial payoffs, and, the contribution of …
Privacy Implications Of Smart Meters, Cheryl Dancey Balough
Privacy Implications Of Smart Meters, Cheryl Dancey Balough
Chicago-Kent Law Review
Many people worry about the erosion of privacy in our society given developments in technology, but that loss of privacy may take a quantum leap as electric "smart meters" make it possible for strangers to know on a real-time basis what is occurring in our houses and apartments. Perhaps the greatest concern is that current laws and regulations do not fully protect us from this unprecedented threat to two of our most basic rights—to be left alone in our own homes and to control personal information. Utility companies across the country are replacing conventional electric meters with smart meters designed …
Of Nesting Dolls And Trojan Horses: A Survey Of Legal And Policy Issues Attendant To Vehicle-To-Grid Battery Electric Vehicles, Bryan Lamble
Of Nesting Dolls And Trojan Horses: A Survey Of Legal And Policy Issues Attendant To Vehicle-To-Grid Battery Electric Vehicles, Bryan Lamble
Chicago-Kent Law Review
2010 will not be remembered as the year when the domestic energy landscape changed, dominated as it was by environmental catastrophe and human calamity and tragedy caused by the search for and extraction of traditional fossil fuels. In fact, clean(er) energy and greater efficiency seem, in some ways, to be less of a reality at the beginning of the second decade of the twenty-first century than many would have predicted (and hoped). Furthermore, a contentious mid-term election season (stoked by fears of massive deficits, rising national debt and ballooning government) dominated the headlines at the expense of what could prove …
The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock
The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock
Chicago-Kent Law Review
Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation. …
Green Diesel: Finding A Place For Algae Oil, Fred Bosselman
Green Diesel: Finding A Place For Algae Oil, Fred Bosselman
Chicago-Kent Law Review
The prospect of obtaining domestically-produced biodiesel from algae has attracted wide investor interest. Although many analysts predict that economic production is five to ten years away, the production process involves such a wide range of environmental and land use issues that it is not premature to begin thinking about the kinds of places in which "green biodiesel" could be efficiently made in the United States. Our land use and environmental laws were all drafted by people who never imagined the possibility that huge volumes of algae would be an important energy resource; nor could they have known that the location …
Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap
Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY
24 slides
Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan
Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Judy Jordan, Oil & Gas Liaison, Garfield County, Rifle, CO
21 slides
Slides: Shale Drilling And Completions, William Fleckenstein
Slides: Shale Drilling And Completions, William Fleckenstein
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: William Fleckenstein, BP Adjunct Professor in the Petroleum Department and Director of PERFORM Research, Colorado School of Mines, Golden, CO, and Managing Partner of Fleckenstein, Eustes & Associates
20 slides
Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis
Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: John B. Curtis, Professor of Geology and Geological Engineering and Director of the Potential Gas Agency, Colorado School of Mines, Golden, CO
17 slides
Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss
Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Michelle Michot Foss, Chief Energy Economist, Center for Energy Economics, Bureau of Economic Geology, University of Texas, Austin, TX
12 slides
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
74 pages.
This paper was originally published as:
Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).
Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols
Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Jeremy Nichols, Climate & Energy Program Director, WildEarth Guardians, Denver, CO
18 slides
Slides: Transforming And Disrupting: Shale Gas And Oil In U.S. Energy Supply, Richard Nehring
Slides: Transforming And Disrupting: Shale Gas And Oil In U.S. Energy Supply, Richard Nehring
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Richard Nehring, Nehring Associates, Colorado Springs, CO
15 slides
Slides: Evolving Policy On Shale Plays, John Martin
Slides: Evolving Policy On Shale Plays, John Martin
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: John Martin, Crowell & Moring, LLP, Washington, DC
17 slides
Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
This one-day symposium to be held at the Grand Hyatt hotel in Denver will address the technology, economics, environmental impacts, and regulatory issues associated with shale gas development in the Rocky Mountain region. The purpose of this event is to facilitate productive dialogue among a wide range of stakeholders and interested parties to guide policy decisions.
Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy
Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy
2010 World Energy Justice Conference (November 5)
This conference is a sequel to the 2009 World Energy Justice Conference (WEJC 2009) which began examining ways of mainstreaming safe, clean, and efficient energy for the world's Energy Poor (EP). The EP number two and a half billion people living on less than $1-2 a day who have no access to modern energy services. WEJC 2010 more fully develops these themes. WEJC 2010 will explore how the next round of global warming meetings in Cancun could design new flexibility mechanisms that give credits, for example, for the reduction of black carbon by the adoption of cookstoves, and embrace small …
Possible Impacts Through The 1980s, Mark J. Lafratta
Possible Impacts Through The 1980s, Mark J. Lafratta
William & Mary Environmental Law and Policy Review
No abstract provided.
A Survey Of State Renewable Portfolio Standards: Square Pegs For Round Climate Change-Holes?, Ivan Gold, Nidhi Thakar
A Survey Of State Renewable Portfolio Standards: Square Pegs For Round Climate Change-Holes?, Ivan Gold, Nidhi Thakar
William & Mary Environmental Law and Policy Review
Thirty states now have renewable portfolios standards that require generators of electricity to increase their use of renewable energy. Originally intended to promote “energy independence” and other environmental goals, today the programs are among the few U.S. programs which respond to the threat of global warming. This article considers how they work and whether they are effective. It concludes that, in the absence of comprehensive international or federal greenhouse gas controls, renewable portfolio standards are an effective and productive means to retard global warming.
So Much Up In The Air: The Carbon Dioxide Debate And Coal Plant Permitting In Virginia, Sam Robinson
So Much Up In The Air: The Carbon Dioxide Debate And Coal Plant Permitting In Virginia, Sam Robinson
William & Mary Environmental Law and Policy Review
No abstract provided.
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
William & Mary Environmental Law and Policy Review
No abstract provided.
Averting Nuclear 9/11: The Need To Move Beyond Nepa And Transition To A Homeland Security-Administered Infrastructure Security Statement, Michael S. Munson
Averting Nuclear 9/11: The Need To Move Beyond Nepa And Transition To A Homeland Security-Administered Infrastructure Security Statement, Michael S. Munson
William & Mary Environmental Law and Policy Review
No abstract provided.