Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2014

Energy and Utilities Law

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 214

Full-Text Articles in Law

Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein Dec 2014

Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein

Amy L. Stein

This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be a game-changer for many facets of our grid, providing better integration of renewable energy, enhanced reliability, and reduced use of carbon-intensive fuels. Energy storage faces a number of obstacles, however, including technological, financial, and regulatory uncertainty. This Article focuses on the regulatory uncertainty, and defends the proposition that not all regulatory uncertainty is created equal. It argues for differential treatment of this uncertainty, depending on its context, scope, and source, and ...


The Tipping Point Of Federalism, Amy L. Stein Dec 2014

The Tipping Point Of Federalism, Amy L. Stein

Amy L. Stein

As the Supreme Court has noted, “it is difficult to conceive of a more basic element of interstate commerce than electric energy, a product that is used in virtually every home and every commercial or manufacturing facility. No state relies solely on its own resources in this respect.” And yet, the resources used to generate this electricity (e.g., coal, natural gas, or renewables) are determined largely by state and local authorities through their exclusive authority to determine whether to approve construction of a new electricity generation facility. As the nation finds itself faced with important decisions that directly implicate ...


Renewable Energy Through Agency Action, Amy L. Stein Dec 2014

Renewable Energy Through Agency Action, Amy L. Stein

Amy L. Stein

Despite the many societal benefits associated with renewable energy, it is used to generate only about 5 percent of our nation's electricity needs. The bulk of governmental efforts to rectify this situation have disproportionately impacted private actors. This Article argues that the federal government should expand its efforts to more fully capture the gains that can be achieved by targeting both private and public actors, particularly federal agencies. Federal agencies have enormous purchasing power that can be channeled toward using electricity and fuels derived from renewable energy. Federal agencies are some of the largest consumers of electricity. Federal agencies ...


Beyond Yucca Mountain: Split Liability Drives Action For Interim Nuclear Waste Storage, Amy L. Stein Dec 2014

Beyond Yucca Mountain: Split Liability Drives Action For Interim Nuclear Waste Storage, Amy L. Stein

Amy L. Stein

After fifteen years and six billion dollars, the United States still lacks a viable long-term solution to the mounting levels of high-level nuclear waste scattered across the nation in 68 sites. The Nuclear Waste Policy Act of 1982 (“NWPA”) and its 1987 Amendments have driven regulators to approve Yucca Mountain, Nevada, for burial of the 37,000 metric tons of nuclear waste in need of a final resting place. In the NWPA, Congress set January 31, 1998 as the deadline by which the Department of Energy (“DOE”) was to dispose of the utilities' nuclear waste. However, litigation challenges, scientific uncertainty ...


Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel A. Lyons Dec 2014

Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel A. Lyons

Boston College Law School Faculty Papers

The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the ...


Importing Energy, Exporting Regulation, James W. Coleman Dec 2014

Importing Energy, Exporting Regulation, James W. Coleman

Fordham Law Review

This Article identifies and addresses a growing contradiction at the heart of United States energy policy. States are the traditional energy regulators and energy policy innovators—a role that has only grown more important without a settled federal climate policy. Federal regulators and market pressures, however, increasingly demand integrated national and international energy markets. Deregulation, the rise of renewable energy, the shale revolution, and new sources of motor fuel precursors like crude and ethanol have all increased interstate energy trade.

This Article shows how integrated national energy markets are driving states to regulate imported fuel and electricity based on how ...


Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons Nov 2014

Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons

Daniel Lyons

The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the ...


The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum Nov 2014

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.


Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren Nov 2014

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren

Gina Warren

No abstract provided.


Proportionality: An Addition To The International Centre For The Settlement Of Investment Disputes’ Fair And Equitable Treatment Standard, Anne Marie Martin Nov 2014

Proportionality: An Addition To The International Centre For The Settlement Of Investment Disputes’ Fair And Equitable Treatment Standard, Anne Marie Martin

Boston College International and Comparative Law Review

The fair and equitable treatment standard, established in state law, customary law, and bilateral investment treaties, requires that states treat investors in a consistent and transparent manner. With its decision in Occidental Petroleum Corp., Occidental Exploration and Production Company v. Republic of Ecuador, the International Centre for the Settlement of Investment Disputes (ICSID) interpreted the ever-expanding fair and equitable treatment standard to include the principle of proportionality. After concluding that Ecuador’s termination of the investor’s contract was a disproportionate response to the investor’s breach of that contract, the ICSID Tribunal awarded an incredible $1.77 billion in ...


Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt Nov 2014

Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt

Joel M Pratt

Because fracking regulators and industry need both legal clarity and the ability to react to new information, courts should apply principles of administrative deference to resolve conflicts between state and local fracking regulations.Under these principles, courts weigh expert agency decision making more heavily when the agency has acted reasonably. When faced with a conflict between state and local fracking laws, courts should adopt administrative principles and privilege expert agency regulations rather than engage in an independent judicial inquiry. Part I provides background on fracking and argues that states are in the best position to regulate the practice. Part II ...


Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron Nov 2014

Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron

LSU Journal of Energy Law and Resources

No abstract provided.


Conservation Easements And The Development Of New Energies: Fracking, Wind Turbines, And Solar Collection, Gerald Korngold Nov 2014

Conservation Easements And The Development Of New Energies: Fracking, Wind Turbines, And Solar Collection, Gerald Korngold

LSU Journal of Energy Law and Resources

No abstract provided.


Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski Nov 2014

Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski

LSU Journal of Energy Law and Resources

No abstract provided.


Up The River Without A Permit: Why The Water Transfers Rule Endangers The Louisiana Wetlands, Michael E. Landis Nov 2014

Up The River Without A Permit: Why The Water Transfers Rule Endangers The Louisiana Wetlands, Michael E. Landis

LSU Journal of Energy Law and Resources

No abstract provided.


Bayou Fuel, Iman S. Montgomery Nov 2014

Bayou Fuel, Iman S. Montgomery

LSU Journal of Energy Law and Resources

No abstract provided.


A Call For An Interpretive Presumption Against Burdens On Interstate Commerce In The Context Of Interstate Compacts, Claire Murray Nov 2014

A Call For An Interpretive Presumption Against Burdens On Interstate Commerce In The Context Of Interstate Compacts, Claire Murray

LSU Journal of Energy Law and Resources

No abstract provided.


The Emperor’S New Clothes: Fracking Legislation In Texas, Kirbie Watson Nov 2014

The Emperor’S New Clothes: Fracking Legislation In Texas, Kirbie Watson

LSU Journal of Energy Law and Resources

No abstract provided.


Faculty Nov 2014

Faculty

LSU Journal of Energy Law and Resources

No abstract provided.


The Ripple Effect: How A Lawsuit Seeking Cleaner Water May Be Backfiring, Sara Gonzalez-Rothi Kronenthal Nov 2014

The Ripple Effect: How A Lawsuit Seeking Cleaner Water May Be Backfiring, Sara Gonzalez-Rothi Kronenthal

LSU Journal of Energy Law and Resources

No abstract provided.


Introduction, Roger Meiners, Andrew P. Morriss Nov 2014

Introduction, Roger Meiners, Andrew P. Morriss

LSU Journal of Energy Law and Resources

No abstract provided.


Masthead Nov 2014

Masthead

LSU Journal of Energy Law and Resources

No abstract provided.


Table Of Contents Nov 2014

Table Of Contents

LSU Journal of Energy Law and Resources

No abstract provided.


The Energy Wealth Of Indian Nations, Shawn E. Regan, Terry L. Anderson Nov 2014

The Energy Wealth Of Indian Nations, Shawn E. Regan, Terry L. Anderson

LSU Journal of Energy Law and Resources

No abstract provided.


Public Utilities Law, William T. Reisinger Nov 2014

Public Utilities Law, William T. Reisinger

University of Richmond Law Review

This article explains, at a high level, some of the major changes to electric regulation in Virginia in recent years. It also discusses how the General Assembly's new policies have affected retail electric rates and the development of new generation facilities, including renewable energy resources, in the Commonwealth since 1999.


Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler Nov 2014

Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler

LSU Journal of Energy Law and Resources

No abstract provided.


Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas Oct 2014

Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas

Georgia Journal of International & Comparative Law

No abstract provided.


The Black Market Trade In Chlorofluorocarbons: The Montreal Protocol Makes Banned Refrigerants A Hot Commodity, Frederick P. Landers Jr. Oct 2014

The Black Market Trade In Chlorofluorocarbons: The Montreal Protocol Makes Banned Refrigerants A Hot Commodity, Frederick P. Landers Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren Oct 2014

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren

Gina Warren

No abstract provided.


Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad Oct 2014

Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.