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Articles 1 - 30 of 32
Full-Text Articles in Law
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.
This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
Presenters:
Jim Ramey, The Wilderness Society
Lindsay Bourgoine, Protect Our Winters
56 slides
Mining A Mirage: Reassessing The Shared-Value Paradigm In Light Of The Technological Advances In The Mining Sector, Aaron Cosbey, Howard Mann, Nicolas Maennling, Perrine Toledano, Jeff Geipel, Martin Dietrich Brauch
Mining A Mirage: Reassessing The Shared-Value Paradigm In Light Of The Technological Advances In The Mining Sector, Aaron Cosbey, Howard Mann, Nicolas Maennling, Perrine Toledano, Jeff Geipel, Martin Dietrich Brauch
Columbia Center on Sustainable Investment Staff Publications
While there has been a strong tendency in resource rich countries to push for more stringent local content regulations, the mining sector is looking to move towards increased automation.
In this study titled "Mining a Mirage: Reassessing the Shared-Value Paradigm in Light of the Technological Advances in the Mining Sector," CCSI, IISD and Engineers Without Borders researched the technological innovations that are being developed, assessing when these technologies could be rolled out, and quantifying the potential impacts automation may have on local employment and procurement and on the shared value paradigm. The objective was to better understand how governments could …
Un Environment Guide For Energy Efficiency And Renewable Energy Laws, Richard L. Ottinger
Un Environment Guide For Energy Efficiency And Renewable Energy Laws, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
This Guide is written as a sequel to the 2007 UN Environment Programme Handbook for Legal Draftsmen on Environmentally Sound Management of Energy Efficiency and Renewable Energy Resources.
This Guide, as the Handbook, is written in response to needs expressed, particularly by energy efficiency and renewable energy project initiators, government officials, energy managers, project developers and particularly developing country energy legal draftsmen, asking for assistance in drafting legislative provisions for promotion and implementation of sound energy efficiency and renewable energy programs.
The Guide describes the key legal issues associated with efficiency and renewable energy resource development, and presents legislative options …
Submission To The Sec On Addressing Land Tenure Risks Through Regulation S-K, Kaitlin Y. Cordes
Submission To The Sec On Addressing Land Tenure Risks Through Regulation S-K, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
In July 2016, CCSI sent a submission to the Securities and Exchange Commission (SEC) to provide input into how land tenure risks could be addressed through disclosure requirements for public companies. The SEC was seeking input into modernizing business and financial disclosure requirements in Regulation S-K, including whether Regulation S-K should be amended to require disclosure of public policy and sustainability information. CCSI argued that, due to the significant financial risk created by land tenure disputes in countries with weak or transitioning land governance systems, companies should be required to report on land tenure risks. Disclosure should be required for …
Demand Response And Market Power, Bruce R. Huber
Demand Response And Market Power, Bruce R. Huber
Bruce R Huber
In her article, Bypassing Federalism and the Administrative Law of Negawatts, Sharon Jacobs educates her readers about the concept of demand response, and then describes its propagation in recent years while making the broader argument that the Federal Energy Regulatory Commission (“FERC”) — the federal government’s principal energy regulator — has engaged in a strategy of “bypassing federalism” that may entail more costs than benefits. Professor Jacobs is right to call attention to demand response and to FERC’s approach to matters of jurisdictional doubt. While I share many of her concerns about boundary lines in a federal system, I argue …
Slides: The São Francisco Water Basin - Brazil, Vanessa Empinotti
Slides: The São Francisco Water Basin - Brazil, Vanessa Empinotti
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Vanessa Empinotti, Federal University of ABC – UFABC, Brazil
20 slides
The Water-Energy-Climate Nexus Under International Law: A Central Asian Perspective, Anatole Boute
The Water-Energy-Climate Nexus Under International Law: A Central Asian Perspective, Anatole Boute
Michigan Journal of Environmental & Administrative Law
Water, energy, and climate change are intrinsically related to each other but are nonetheless subject to different international legal regimes. The fragmented nature of water, energy, and climate governance represents a challenge for the sustainable management of resources in the energy and water landscape of the 21st century. Regulatory choices in one field can potentially undermine the policy objectives pursued in the other fields. Promoting conventional and unconventional energy production for energy security purposes increases pressure on the availability of fresh water resources and contributes to climate change. Climate change exacerbates the scarcity of water resources, which leads to increasing …
Toxic Confinement: Can The Eighth Amendment Protect Prisoners From Human-Made Environmental Health Hazards?, Brenna Helppie-Schmieder
Toxic Confinement: Can The Eighth Amendment Protect Prisoners From Human-Made Environmental Health Hazards?, Brenna Helppie-Schmieder
Northwestern University Law Review
What would you do if you realized a nearby factory or energy operation was making everyone in your town sick? You might try to rally your neighbors in protest, take legal action, or cut your losses and move away. But what if your options were more limited? What if you were forced to stay? This is the situation for prisoners across the country who live in prisons located near dangerous energy industry operations.
The increased reliance on incarceration in recent times has resulted in prisons being built on undesirable land, often the same land occupied by the energy industry. This …
Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus
Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction, Daniel Franklin
Editor's Introduction, Daniel Franklin
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law
Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Pace Energy And Climate Center 2015 Annual Report, Pace Energy & Climate Center
Pace Energy And Climate Center 2015 Annual Report, Pace Energy & Climate Center
Environmental Law Program Publications @ Haub Law
In 2015, Pace Energy and Climate Center continued a 27-year tradition of successfully advancing clean energy policies and solutions in communities across the State of New York and the Northeast region, across the United States, and around the world. As a unique organization that operates at the boundaries between law, policy, business, and regulation, we continue to bring innovative thinking, strong analysis, technological understanding, and stakeholder engagement to the vital climate and energy challenges facing us today.
We have been pleased to become a key player in the New York Public Service Commission’s Reforming the Energy Vision (“REV”) initiative. REV …
Federal Energy Regulatory Commission V. Electric Power Supply Association, Keatan J. Williams
Federal Energy Regulatory Commission V. Electric Power Supply Association, Keatan J. Williams
Public Land & Resources Law Review
In a 6-2 opinion delivered by Justice Kagan, the United States Supreme Court upheld FERC Order No. 745, which regulates the prices that wholesale market operators pay for demand response bids. At issue in the case was whether this regulation exceeded FERC’s wholesale regulation authority under the Federal Power Act, thereby impinging on retail markets under state regulation, and whether the pricing regulations within the rule were chosen in an arbitrary and capricious manner. The Court held Order No. 745 withstood both challenges.
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)
Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.
Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson
"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …
Editor's Introduction, Daniel Franklin
Editor's Introduction, Daniel Franklin
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Achieving Very High Pv Penetration, Richard Perez, Karl R. Rábago, Mike Trahan, Lyle Rawlings, Ben Norris, Tom Hoff, Morgan Putnam, Marc Perez
Achieving Very High Pv Penetration, Richard Perez, Karl R. Rábago, Mike Trahan, Lyle Rawlings, Ben Norris, Tom Hoff, Morgan Putnam, Marc Perez
Environmental Law Program Publications @ Haub Law
This article argues that optimally deployed intermittency solutions could affordably transform solar power generation into the firm power delivery system modern economies require, thereby enabling very high solar penetration and the displacement conventional power generation. The optimal deployment of these high‐penetration enabling solutions imply the existence of a healthy power grid, and therefore imply a central role for utilities and grid operators. This article also argues that a value‐based electricity compensation mechanism, recognizing the multifaceted, penetration‐dependent value and cost of solar energy, and capable of shaping consumption patterns to optimally match resource and demand, would be an effective vehicle to …
Power E-Mergency: Combining Renewable Energy With Current Battery Technology For Emergency Medical Professionals, Caitlyn Portz
Power E-Mergency: Combining Renewable Energy With Current Battery Technology For Emergency Medical Professionals, Caitlyn Portz
Seattle Journal of Environmental Law
No abstract provided.
Should The United States Create Trading Markets For Energy Efficiency?, Noah M. Sachs
Should The United States Create Trading Markets For Energy Efficiency?, Noah M. Sachs
Law Faculty Publications
This Comment examines whether the vision for energy efficiency markets matches the reality. It explains how energy efficiency markets work, examines the handful of energy efficiency markets that have been established to date, and explores the policy challenges inherent in commodifying energy efficiency and making it a tradable good.
The Limits Of Energy Efficiency Markets In Climate-Change Law, Noah M. Sachs
The Limits Of Energy Efficiency Markets In Climate-Change Law, Noah M. Sachs
Law Faculty Publications
This Article examines whether market-based policies, deployed in many areas of environmental law, should be harnessed to promote energy efficiency. Several countries in Europe and Asia have experimented with this new approach to energy efficiency, establishing markets that involve mandatory energy savings targets for firms and inter-firm trading of certificates that represent quantified energy savings. Many analysts contend that these new markets can unlock overlooked opportunities for energy efficiency improvements and could be a critical policy tool for addressing climate change. After describing the rationale for these new markets and their operation in other countries, this Article concludes that the …
A Mitigation Based Rationale For Incorporating A Climate Change Impacts Fee Into The Federal Coal Leasing Program, Michael Burger
A Mitigation Based Rationale For Incorporating A Climate Change Impacts Fee Into The Federal Coal Leasing Program, Michael Burger
Sabin Center for Climate Change Law
This paper describes the legal and policy rationale for imposing a fee on federal coal that reflects the costs of the climate change impacts generated by that coal. It notes that the federal government has a duty to mitigate climate impacts from the federal coal leasing program, and that the Department of Interior (“Interior”) and the Bureau of Land Management (“BLM”) have ample authority to impose a climate change impacts fee on coal leases as a form of compensatory mitigation for those coal leases. The paper also discusses technical issues that should be considered when assessing the effectiveness of this …
Legal Tools For Climate Adaptation Advocacy: The Electric Grid And Its Regulators – Ferc And State Public Utility Commissions, Payal Nanavati, Justin Gundlach
Legal Tools For Climate Adaptation Advocacy: The Electric Grid And Its Regulators – Ferc And State Public Utility Commissions, Payal Nanavati, Justin Gundlach
Sabin Center for Climate Change Law
The electric grid connects electricity generators to consumers. State and federal regulators are tasked with ensuring that consumers have access to safe and reliable electricity at just and reasonable rates. The requirements of this task have and will continue to transform as technologies change and as the impacts of climate change alter the context in which the electric grid operates. Thus, regulators who make adapting to climate change a priority will better fulfill their mandate to ensure that utilities provide consumers with safe and reliable electricity at just and reasonable rates. Yet some regulators do not recognize how closely adaptation …
Federal Implementation Plans And The Path To Clean Power, Daniel Selmi
Federal Implementation Plans And The Path To Clean Power, Daniel Selmi
Sabin Center for Climate Change Law
Promulgated under the Clean Air Act in October 2015, the Clean Power Plan (“CPP”) requires states to significantly reduce carbon emissions from existing power plants and is the centerpiece of the Environmental Protection Agency’s (“EPA”) response to global warming. Many states have filed lawsuits challenging the CPP and some states have vowed that, if those suits are unsuccessful, they will refuse to implement it. In turn, EPA has proposed rules that would implement the CPP by imposing a “federal implementation plan” (“FIP”) upon those recalcitrant states under the authority of the Clean Air Act. Thus, the success of the CPP …
Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, K. K. Duvivier, Nate Larsen, Nick Lawton, Sam Kalen, Stephen R. Miller, Melissa Powers, Tara Kathleen Righetti, Troy A. Rule, Amelia Schlusser
Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, K. K. Duvivier, Nate Larsen, Nick Lawton, Sam Kalen, Stephen R. Miller, Melissa Powers, Tara Kathleen Righetti, Troy A. Rule, Amelia Schlusser
Sturm College of Law: Faculty Scholarship
This collection of short essays arose from the inaugural meeting of the Idaho Symposium on Energy in the West, which was held in November, 2014. The topic for this first Symposium was Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map. The essays in this collection provide a notable introduction to the major energy issues facing the West today. Topics include: building a resilient legal architecture for western energy production; natural gas flaring; transmission planning for wind energy; utilities and rooftop solar; special considerations for western states and the Clean Power Plan; …
A Comparison Between Shale Gas In China And Unconventional Fuel Development In The United States: Water, Environmental Protection, And Sustainable Development, Paolo D. Farah, Riccardo Tremolada
A Comparison Between Shale Gas In China And Unconventional Fuel Development In The United States: Water, Environmental Protection, And Sustainable Development, Paolo D. Farah, Riccardo Tremolada
Brooklyn Journal of International Law
China is believed to have the world's largest exploitable reserves of shale gas, although several legal, regulatory, environmental, and investment-related issues will likely restrain its exploitation. China's capacity to face these hurdles successfully and produce commercial shale gas will have a crucial impact on the regional gas market and on China’s energy mix, as Beijing strives to decrease reliance on imported oil and coal, and, at the same time, tries to meet growing energy demand and maintain a certain level of resource autonomy. The development of the unconventional natural gas extractive industry will also provide China with further negotiating power …
Energy Deference, Sharon B. Jacobs
Energy Deference, Sharon B. Jacobs
Publications
Electricity law is complex, and the Supreme Court knows it. Lawyers are familiar with the adage that generalist courts tend to defer to agency decisions where the subject matter is complex or technical. But what features of a case make the Court more or less likely to defer to the agency's judgment? And how exactly do deference regimes work in the presence of complexity? This essay offers insights gleaned from Court's opinion in Federal Energy Regulatory Commission v. Electric Power Supply Ass’n (“EPSA”). It explains, first, that Courts are highly deferential in energy cases due to both the complexity of …
The Regulatory Contract In The Marketplace, Emily Hammond, David B. Spence
The Regulatory Contract In The Marketplace, Emily Hammond, David B. Spence
Vanderbilt Law Review
For decades, energy policy has struggled to reconcile two distinct visions for the future: the first seeks ever-more-competitive, efficient, and dynamic electricity markets, while the second seeks an ever-greener mix of electricity generation sources. Caught within this push-and-pull dynamic is the regulatory contract--a nineteenth-century concept that stands more for ordered regulation than competitive markets. This Article examines how piecemeal pursuit of two energy visions has produced mismatches between rapidly evolving markets and governance institutions that cannot change as quickly. To better evaluate these mismatches, the Article develops a framework that accounts not just for market operation and environmental externalities, but …
The Energy Prosumer, Sharon B. Jacobs
The Energy Prosumer, Sharon B. Jacobs
Publications
Decentralization is becoming a dominant trend in many industries, and the electricity industry is no exception. Increasing numbers of energy consumers generate their own electricity and/or provide essential grid services such as storage, efficiency, and demand response. This Article offers a positive account of the emergence of these new energy actors, which it calls "energy prosumers. " It then frames several doctrinal and procedural puzzles that prosumers create, including jurisdictional puzzles, distributional concerns, and democratic challenges. Ultimately, it concludes that prosumers can be a positive disruptive force in the electricity industry if courts and regulators can manage these challenges effectively. …
Checks, Balances, And Nuclear Waste, Bruce R. Huber
Checks, Balances, And Nuclear Waste, Bruce R. Huber
Journal Articles
The Nuclear Waste Policy Act of 1982 established a process for siting and constructing repositories for nuclear waste. When Nevada’s Yucca Mountain emerged as a likely repository site, that state’s officials and allies exercised the numerous political and legal checks afforded by the Act and appear, at least for the time being, to have defeated the selection. But Nevada’s victory may well be the nation’s loss. In the absence of a national waste repository, nuclear power plant operators have no choice but to store spent nuclear fuel on site, where it presents a number of risks not contemplated by the …
Energy Derivatives: Which Country (U.S. Or U.K.) Provides The Best Customer Asset Protections To An Energy Trading Firm If Its Brokerage Firm/Counterparty Files For Bankruptcy, Ronald H. Filler
Articles & Chapters
No abstract provided.