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2014

Energy and Utilities Law

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Articles 1 - 30 of 94

Full-Text Articles in Law

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 it …


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.


Masthead Nov 2014

Masthead

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.


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.


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.


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.


Introduction, Roger Meiners, Andrew P. Morriss Nov 2014

Introduction, Roger Meiners, Andrew P. Morriss

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.


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.


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.


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.


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.


Table Of Contents Nov 2014

Table Of Contents

LSU Journal of Energy Law and Resources

No abstract provided.


Faculty Nov 2014

Faculty

LSU Journal of Energy Law and Resources

No abstract provided.


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.


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.


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.


Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh Oct 2014

Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh

University of Miami Business Law Review

No abstract provided.


Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon Sep 2014

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon

Georgia Journal of International & Comparative Law

No abstract provided.


"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza Sep 2014

"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza

Georgia Journal of International & Comparative Law

No abstract provided.


Worth Keeping Around? The United States' Biofuel Policies And Compliance With The World Trade Organization, Kelly Christian Sep 2014

Worth Keeping Around? The United States' Biofuel Policies And Compliance With The World Trade Organization, Kelly Christian

Georgia Journal of International & Comparative Law

No abstract provided.


Calling Foul: Deficiencies In Approaches To Environmental Whistleblowers And Suggested Reforms, Emily Becker Sep 2014

Calling Foul: Deficiencies In Approaches To Environmental Whistleblowers And Suggested Reforms, Emily Becker

Washington and Lee Journal of Energy, Climate, and the Environment

Whistleblowers could facilitate the regulation of the environmental sector at little to no cost to the taxpayer. Often, potential whistleblowers have timely access to information that would enable them to avert or minimize environmental damage and to protect our communities. However, existing federal and state regulations fail to adequately protect environmental whistleblowers and to incentivize potential environmental whistleblowers. These failures unjustly penalize whistleblowers and discourage potential whistleblowers. This article uses research findings and a case study to illuminate these failings and to argue for reforms that would better protect and incentivize whistleblowers


Table Of Contents Sep 2014

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Masthead & Front Matter Sep 2014

Masthead & Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

Masthead & Front Matter


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

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

Washington and Lee Journal of Energy, Climate, and the Environment

In the substantial power outages associated with Hurricane Sandy and the 2013 Oklahoma tornadoes and Colorado floods, which left millions without power, the United States witnessed the insufficiency of its existing energy infrastructure. The lack of access to reliable energy widens the cleavage between the rich and poor, particularly in times of disaster and crisis. Policymakers and government regulators involved with long distance energy transmission projects have not adequately instituted laws and policies for existing and future energy access. This Article holds that current regulations, practices, and norms for long distance energy transmission may be doomed because of complications with …


Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris Sep 2014

Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris

Washington and Lee Journal of Energy, Climate, and the Environment

Feminist legal theorist Martha Fineman has suggested that recognition of universal human “vulnerability” should be the starting point for thinking about the state’s obligations to its citizens. This Article argues that Fineman’s concept of vulnerability is valuable for situating political and legal theory within a concern for the natural world. We live in what some scientists have dubbed the Anthropocene—an age in which our collective behavior has serious implications for the flourishing of all life on earth. The concept of “ecological vulnerability” recognizes that humans are vulnerable not only because they age, become ill, and die, but because their survival …


The Imos Climate Change Challenge: Application Of The Principle Of Common But Differentiated Responsibilities And Respective Capabilities, Stathis N. Palassis Sep 2014

The Imos Climate Change Challenge: Application Of The Principle Of Common But Differentiated Responsibilities And Respective Capabilities, Stathis N. Palassis

Washington and Lee Journal of Energy, Climate, and the Environment

Since 1997 the International Maritime Organization, the United Nations agency responsible for the regulation of the international shipping sector, has been developing rules for the reduction of the sector’s greenhouse gas emissions. Significant difficulties have, however, emerged in the creation of appropriate economic instruments for reducing its greenhouse gas emissions, bringing to the forefront the application of the principle of common but differentiated responsibilities and respective capabilities (“CBBDRC”). A key principle within international climate change law, CBDDRC allows developing States, least developed States and the most environmentally vulnerable to be differentially treated based on their special situation and needs. Developing …


Ferc Anti-Manipulation Enforcement And The Barclays Proceeding: What Factors Should Regulated Entities Consider Before Deciding To Follow Barclays' Path To Federal Court?, Matthew Hale Sep 2014

Ferc Anti-Manipulation Enforcement And The Barclays Proceeding: What Factors Should Regulated Entities Consider Before Deciding To Follow Barclays' Path To Federal Court?, Matthew Hale

Washington and Lee Journal of Energy, Climate, and the Environment

Energy regulation is not a new topic, but after the Enron scandal, Congress made significant changes. The changes were embodied in the Energy Policy Act of 2005. One major change was to FERC's ability to hand down penalties for market manipulation. Recently, FERC has been aggressively enforcing its power and anticipates anti-manipulation enforcement will be a point of emphasis in the future. The first entity to challenge FERC's power in federal court is Barclays. The Barclays case, other recent enforcement actions, and the regulations FERC has promulgated provide a guide to regulated entities about how and when they should challenge …