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2010

Energy and Utilities Law

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Articles 121 - 144 of 144

Full-Text Articles in Law

World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr. Jan 2010

World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.

Richmond Journal of Global Law & Business

Do you remember how you felt on Wednesday, January 7, 2009? Perhaps you do not. I know how some Europeans felt — cold. That was the day that Russia stopped all natural gas exports to Ukraine. By itself, this was a serious course of action. However, because Ukraine is the main transmission corridor for natural gas pipelines shipping gas to Europe, the situation commanded worldwide attention.


Governance, Technology, And The Search For Modernity In Kenya, Warigia M. Bowman Jan 2010

Governance, Technology, And The Search For Modernity In Kenya, Warigia M. Bowman

Articles, Chapters in Books and Other Contributions to Scholarly Works

An ICT policy that produces broad access quickly is better than one that does not. Accordingly, success in ICT policymaking can be measured by three empirical measures: speed of passage, scope of implementation, and distribution, as well as one normative measure, process. "Process" represents an important normative dimension of ICT policymaking. Process measures the extent to which the ICT policymaking involves the citizenry, as represented by individuals, civil society groups, local private sector groups, and ideally, urban and rural residents ("wananchi "). Kenya is a case of slow speed of passage, low scope of implementation, low distribution, but high process. …


Algae And Biodiesel: Patenting Energized As Green Goes Commercial, Matthew R. Priess, Stanley P. Kowalski Jan 2010

Algae And Biodiesel: Patenting Energized As Green Goes Commercial, Matthew R. Priess, Stanley P. Kowalski

Law Faculty Scholarship

In the twenty-first century, predominant dependence on fossil fuels as energy resources will not be sustainable. Developing and commercializing green energy innovations will be an essential component of the transition to a more diversified energy economy. Algal biodiesel is one of the most promising green fuels because of its potential as a renewable and sustainable fuel source without displacing food crops. Algal biodiesel research and development are necessary early steps towards a transition to a green energy economy. The strategic use of strong patent portfolios will drive this by attracting investment, incentivizing innovation and accelerating commercialization. Whereas algal biodiesel research …


Siting Transmission Lines In A Changed Milieu: Evolving Notions Of The "Public Interest" In Balancing State And Regional Considerations, Jim Rossi, Ashley C. Brown Jan 2010

Siting Transmission Lines In A Changed Milieu: Evolving Notions Of The "Public Interest" In Balancing State And Regional Considerations, Jim Rossi, Ashley C. Brown

Vanderbilt Law School Faculty Publications

This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines to serve renewable resources, and how states could approach its evolution in order to preserve a role for state regulators in a new energy economy in which renewable energy will play a significant role. The traditional approach to determining the "public interest" in siting transmission lines is well on its way to obsolescence. Two developments over the past fifteen years have begun to challenge this paradigm. First, policies at the federal level and in many states have encouraged increased competition …


The Limits Of A National Renewable Portfolio Standard, Jim Rossi Jan 2010

The Limits Of A National Renewable Portfolio Standard, Jim Rossi

Vanderbilt Law School Faculty Publications

In this Commentary Article, Professor Rossi highlights some of the distributional and operational problems presented by a national renewable portfolio standard ("RPS") in electric power. He also offers several solutions to these problems as a way of advancing a cautionary defense of a national RPS. Ultimately, Professor Rossi concludes that addressing climate change will need to involve more systemic and larger scale modifications to regulation of the electric power industry, including addressing infrastructure issues such as transmission and carbon pricing.


Public Trust Limits On Greenhouse Gas Trading Schemes: A Sustainable Middle Ground?, Karl S. Coplan Jan 2010

Public Trust Limits On Greenhouse Gas Trading Schemes: A Sustainable Middle Ground?, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

There is a some consensus among economists, environmentalists, and politicians that some form of “cap and trade’ program is the appropriate regulatory mechanism to achieve the greenhouse gas emissions reductions necessary to avoid disastrous global climate disruptions. “Cap and trade” programs necessarily incorporate tradable emissions rights – essentially tradable rights to pollute. As such, they run into principled objection by some environmentalists who oppose the notion of creating economic rights in the global commons – essentially the “right to pollute.” This principled objection derives doctrinal support from the public trust doctrine – the ancient notion rooted in common law and …


China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson Jan 2010

China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Energy Justice And Sustainable Development, Lakshman Guruswamy Jan 2010

Energy Justice And Sustainable Development, Lakshman Guruswamy

Publications

Sustainable Development ("SD")--an expression of distributive justice--is the foundational premise of international energy and environmental law. It posits that international answers to environmental and energy problems cannot be pursued as independent and autonomous objectives but must be addressed within the framework of economic and social development. SD has been politically institutionalized in the Millennium Development Goals and a plethora of significant international instruments. Perhaps more importantly from a legal standpoint, SD is unequivocally codified, in the most widely accepted international energy and environmental treaties. This Article affirms the importance and continuing applicability of SD to the "other" third of the …


Following Industry's Leed : Municipal Adoption Of Private Green Building Standards, Sarah B. Schindler Jan 2010

Following Industry's Leed : Municipal Adoption Of Private Green Building Standards, Sarah B. Schindler

Faculty Publications

Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building industry: LEED (Leadership in Energy and Environmental Design). This Article explains and assesses the privately promulgated LEED standards. It argues that the translation of LEED standards, which were intended to be voluntary, into law raises several theoretical and practical problems. Specifically, private green building ordinances that rely on LEED do not ensure a reduction in the negative local environmental impacts …


Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr. Jan 2010

Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.

Villanova Environmental Law Journal

No abstract provided.


Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock Jan 2010

Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock

Natural Resources Journal

No abstract provided.


Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn Jan 2010

Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

Green infrastructure is an economically and environmentally viable approach for water management and natural resource protection in urban areas. This Article argues that green infrastructure has additional and exceptional benefits for the urban poor which are not frequently highlighted or discussed. When green infrastructure is concentrated in distressed neighborhoods—where it frequently is not—it can improve urban water quality, reduce urban air pollution, improve public health, enhance urban aesthetics and safety, generate green collar jobs, and facilitate urban food security. To make these quality of life and health benefits available to the urban poor, it is essential that urban leaders remove …


Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule Jan 2010

Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule

Faculty Publications

Unprecedented growth in rooftop solar energy development is drawing increased attention to the issue of solar access. To operate effectively, solar panels require un-shaded access to the sun’s rays during peak sunlight hours. Some landowners are reluctant to invest in rooftop solar panels because they fear that a neighbor will erect a structure or grow a tree on nearby property that shades their panels. Existing statutory approaches to protecting solar access for such landowners vary widely across jurisdictions, and some approaches ignore the airspace rights of neighbors. Which rule regime for solar access protection best promotes the efficient allocation of …


Is Environmental Law A Barrier To Emerging Alternative Energy Sources, Amy J. Wildermuth Jan 2010

Is Environmental Law A Barrier To Emerging Alternative Energy Sources, Amy J. Wildermuth

Articles

My aim in this article is to explore the environmental law-energy divide from the environmental law perspective. In doing so, I will examine the impact of environmental law on energy use and energy sources today, focusing particularly on the development of alternative energy. Professor Lincoln Davies has taken up the same task---exploring the environmental law-energy divide-but from the perspective of energy law. Our collective goal is to inspire a discussion about how energy law and environmental law interact and what that means for energy development and use. We also hope to provide some ideas, based on lessons from alternative energy …


Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall Jan 2010

Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall

University of Colorado Law Review

Renewable energy credits ("RECs")--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow individuals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold voluntarily or applied to state-imposed renewable energy purchase obligations. These state mandates, known as renewable portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the existing regulatory scheme (or lack …


Renewable Energy And The Neighbors, Troy A. Rule Jan 2010

Renewable Energy And The Neighbors, Troy A. Rule

Faculty Publications

Small wind turbines and rooftop solar panels are a highly attractive energy option, capable of generating clean, renewable power without the need for transmission lines across vast stretches of rural land. State and federal incentive programs have made these devices increasingly affordable for landowners in recent years, generating an unprecedented level of interest in “distributed” renewable energy.Unfortunately, small wind turbines and solar panels are often far less attractive in the eyes of neighbors, who fear that the systems will erode neighborhood aesthetics and property values. Despite aggressive state and federal programs aimed at promoting renewable energy systems, land use controls …


Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens Jan 2010

Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens

Articles

No abstract provided.


The Gulf Spill Context: Peak Oil, Risky Oil, And Energy Strategy, Edward A. Parson Jan 2010

The Gulf Spill Context: Peak Oil, Risky Oil, And Energy Strategy, Edward A. Parson

Articles

As shocking as the situation in the Gulf of Mexico may be, in this broader context it must be regarded as a normal event. That’s not to say that it’s normal in relation to past experience. Rather, the Gulf spill is “the new normal,” in the sense that our current energy strategy—or lack thereof—will make such events increasingly likely, even if we assume conditions of effective regulation and responsible compliance that evidently were not present on the Deepwater Horizon.


Introduction To Oil And Gas Production And Operations, Monika Ehrman Dec 2009

Introduction To Oil And Gas Production And Operations, Monika Ehrman

Monika U. Ehrman

No abstract provided.


Curbing Energy Sprawl With Microgrids, Sara Bronin Dec 2009

Curbing Energy Sprawl With Microgrids, Sara Bronin

Sara C. Bronin

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 …


3d Seismic And Geophysical "Trespass", Owen Anderson Dec 2009

3d Seismic And Geophysical "Trespass", Owen Anderson

Owen L. Anderson

No abstract provided.


Decentralizing Cap-And-Trade? State Controls Within A Federal Greenhouse Gas Cap-And-Trade Program, Alice Kaswan Dec 2009

Decentralizing Cap-And-Trade? State Controls Within A Federal Greenhouse Gas Cap-And-Trade Program, Alice Kaswan

Alice Kaswan

Cap-and-trade programs for greenhouse gases (GHGs) present central political questions with significant economic and environmental ramifications. This paper addresses a critical structural issue: To what extent should states retain the capacity to develop stricter parameters within a federal cap-and-trade program? This Article argues that, within the confines of a federal trading program, states should retain substantial autonomy to establish their own direct regulatory requirements, impose their own offset policies, and adopt differing trading parameters to maximize a GHG trading program’s co-pollutant and other benefits. State autonomy is justified by benefits to the nation as a whole, since states can provide …


Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen Dec 2009

Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen

Thomas A Faunce

The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …


Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu Dec 2009

Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on …