Energy and Utilities Law Commons^™

Drought And California's Role In The Colorado River Compact, Ciara Dineen

Journal of Legislation

No abstract provided.

Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi

Dissertations & Theses

The marine environment has unique characteristics that distinguish it from other elements of nature. Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving biological and climatic balance on the planet. The marine environment also plays an important role in human life, since it has plenty of nutritious and industrial resources that directly affect human welfare. It also contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of the world. Moreover, seas are considered a source of freshwater through resorting to desalination of seawater …

Nimby To Nope—Or Yess?, K.K. Duvivier, Thomas Witt

Sturm College of Law: Faculty Scholarship

On December 12, 2015, 195 governments around the world agreed to the COP21 commitments to combat climate change. Pivotal to the success of these goals is a shift from fossil-fuel energy generation to renewable resources. Wind power is one of the largest renewable energy generation sources in the United States and has the greatest potential for future development. While wind energy generation has enjoyed some of the most impressive gains in development of new capacity, reaching future goals will face more challenges. In addition to resource potential, wind development is also confined to locations that meet the sweet spot of …

Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle

Fordham Urban Law Journal

No abstract provided.

Getches-Wilkinson Center Newsletter, Spring 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

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 …

Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

Executive Order 13211, promulgated in 2001, requires the federal government to consider the impact of federal action on energy independence as part of the George W. Bush’s National Energy Policy. This law review examines whether EO 13211 was used to curtail environmental protection and natural resource conservation. The article begins with a review of the procedure required of federal agencies under EO 13211 and its associated documents. The paper then examines case law and published federal rulemaking proceedings and examines how federal agencies apply tests to evaluate the potential energy effect. The study concludes that EO 13211 strikes a reasonable …

Assessing The Epa's Authority To Regulate Greenhouse Gas Emissions Under Clear Air Act Section 111(D) And The Clean Power Plan, Rick A. Waltman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Congress, Give Renewable Energy A Fair Fight: Passage Of The Master Limited Partnerships Parity Act Would Give Renewable Energy The Financial Footing Needed To Independently Succeed, David C. Magagna

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Urban Microgrid: Smart Legal And Regulatory Policies To Support Electric Grid Resilienccy And Climate Mitigation, Kevin B. Jones, Sylvia J.S. Bartell, Daniel Nugent, Jonathan Hart

Fordham Urban Law Journal

No abstract provided.

Urban Energy, Hannah J. Wiseman

Fordham Urban Law Journal

Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …

Electric Vehicles: Rolling Over Barriers And Merging With Regulation, Mark Detsky, Gabriella Stockmayer

William & Mary Environmental Law and Policy Review

Electric vehicles are merging into the mainstream of transportation. Although the technology still comprises a small fraction of the current market, it ismorewidely available due to competitivepricing, technological improvements, and available state and federal incentives. The benefits of electric vehicles include reduced fossil fuel emissions and associated climate change mitigation, new independence from oil-driven policies in foreignmarkets and international relations, and potential opportunities for increasing and complementing renewable energy electric resources. The risks of widespread electric vehicle deployment are largely thought to involve potential impacts on existingutility generation,distribution, and transmission systems and how the costs of any needed changes to …

Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer

Pace Environmental Law Review

The looming threats of climate change dominate global politics, national and economic security, science, and environmental policy. As such, global, national, regional, local, federal, and state strategies are being developed to slow and mitigate the devastating effects of a warming climate. One such strategy that is slowly being used on a global and national scale is geologic sequestration, where carbon dioxide (CO₂) is captured, compressed to a supercritical state, and injected underground for permanent removal from the atmosphere. At the same time, the Resource Conservation and Recovery Act (RCRA) regulates the transport, storage, and disposal of solid and …

Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson

Pace Environmental Law Review

This Article explores how the Clean Air Act’s (CAA) general duty clause can be utilized to prevent catastrophes such as the explosion in West, Texas.

Part II of this Article describes the dangers associated with ammonium nitrate. More specifically, it looks at prior accidents to understand the magnitude of these unanticipated explosions. Part III looks at our current approach to regulating ammonium nitrate fertilizer and the shortcomings of this regulatory regime. Part IV provides an overview of the CAA’s general duty clause. Furthermore, it describes how the general duty clause can be applied to ammonium nitrate fertilizer facilities and the …

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate …

Nuclear Stalemate: Indefinite Above-Ground Storage Is A Temporary, Albeit Safe Band-Aid For A Serious Wound, Steven D. Melzer

Notre Dame Law Review

This Note focuses on the validity and wisdom of the Nuclear Regulatory Commission’s approach: the September 2014 Rule and accompanying Generic Environmental Impact Statement (GEIS), as well as their combined potential to significantly alter the trajectory of spent fuel storage and disposal in the United States. Part I will explain the relevant history helpful to understand the political battles and legal issues surrounding spent fuel disposal and the Yucca Mountain project. Parts II and III will analyze the implications of the new Continued Storage Rule and why it likely satisfies all applicable statutory requirements and judicial orders. Part IV will …

A Shift In The Wind: Siting More Wind Power Projects Along Texas' 367-Mile Coast Of Gulf Winds, And Mitigating Potential Risk To Migratory Bird Populations, Oscar Burkholder

Student Works

Wind farm development in Texas is surging, making wind power Texas’ hottest energy prospect. Texas currently produces more wind power than any other state by a significant margin, and it keeps blowing through major milestones almost every year. Part II of this paper discusses the relationship between Texas and wind energy, examining the success of onshore wind energy in Texas, the uncertainty and challenges of offshore wind energy in the Gulf of Mexico, and possible room for improvement in Texas’ onshore wind farms. Part III analyzes Texas’ current legal framework, evaluating key federal involvement within Texas’ wind energy industry, and …

How The Public Trust Doctrine's Fiduciary Duty Requirement Requires States' Proactive Response To Promote Offshore Power Generation, Andrew S. Ballentine

Student Works

As the earth continues to warm and the impacts of that warming trend loom larger, the question becomes whether and to what degree do governments have responsibility to respond to that threat. The potential range of threats and impacts from climate change vary greatly and governments’ ability to respond, effectively and efficiently, exceeds that of the individual and therefore must fall on the greater collection of individuals. In the United States, one way that the collection of individuals is represented, albeit with limitations, is by the government that operates for the collective public good. This Article focuses on what responsibility …

Beyond Baby Steps An Empirical Study Of The Impact Of Environmental Justice Executive Order 12898, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

This study evaluated the impact of Executive Order (EO) 12898 to advance environmental justice. We conducted a review evaluating the frequency and effective use of EO 12898 since execution with particular focus following President Obama’s Plan EJ 2014. We found that both EO 12898 and Plan EJ 2104 had little, if any, impact on federal regulatory decision making. To the extent federal agencies discussed EO 12898, most did so in boilerplate rhetoric that satisfied compliance but was devoid of detailed thought or analysis. In the 21st year, with the exception of the Environmental Protection Agency, very little federal regulatory activity …

Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman

Publications and Research

Public interest in environmental and health impacts from shale oil and gas extraction (what the public calls “fracking”) is growing. Industry claims the public outcry against the new technology is not grounded in science. In February 2013, Resources for the Future (“RFF”) published a list of high priority “risk pathways” that experts from NGOs, academia, government, and industry all agreed were real concerns about fracking. This article used the risk matrix to evaluate whether public comments in dockets of federal agencies that proposed regulation concerning hydraulic fracturing tracked expert concern. The article found that the public tracked many of the …

Clean Power Policy In The United States, Joseph P. Tomain

Faculty Articles and Other Publications

Within the last year, the Obama administration has taken two significant and dramatic steps addressing the challenges of climate change and demonstrating a renewed leadership role for the US. First, as a signatory to the Paris climate agreements, the US has stepped forward to participate in that global effort after years of recalcitrance. The US, for example, signed the Rio Declaration in 1992 but five years later would not ratify the 1997 Kyoto Protocol. Now, though, the US has reversed course and has reentered the international climate conversation.

The second significant climate initiative came on the domestic front as the …

Oil & Gas Drilling In National Parks, Elizabeth Ann Glass Geltman

Publications and Research

While a great deal of public attention addresses the Halliburton loophole of the Energy Policy Act of 2005 and Bureau of Land Management efforts to regulate hydraulic fracturing on public lands, less attention has been paid to the National Park Service “9B Regulations,” which provide a national regulatory framework governing the exercise of nonfederal oil and gas rights in national parks. This article begins with a review of law pertaining to oil and gas drilling in national parks. The article examines the tension in striking a balance between environmental protection, conservation of national lands and achieving energy independence, including National …

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 …

Emerging Issues: Transcanada V. Obama Administration – 15 Billion For Cancellation Of Keystone Xl Pipeline Project, Aviana Cooper

University of Baltimore Journal of International Law

TransCanada Keystone Pipeline, LP and TC Oil Pipeline Operations Inc., subsidiaries of TransCanada Corporation (“TransCanada”), lost their seven-year bid with the United States (U.S.) Government for a permit to complete the $5.4 billion oil pipeline connecting Canada and the U.S. On November 6, 2015, President Obama announced that Secretary of State, John Kerry, through powers under Executive Order 13337, had denied the application for a border crossing permit, prohibiting construction of the Keystone XL Pipeline Project. Following this denial, on January 6, 2016, TransCanada filed a complaint to the District Court of Texas against members of the Obama Administration, requesting …

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.

Ferc V. Epsa And The Path To A Cleaner Electricity Sector, Joel B. Eisen

Law Faculty Publications

This article analyzes the impact of FERC v. Electric Power Supply Association, in which the Supreme Court upheld FERC’s demand response rule (Order 745) and confirmed FERC’s authority over “practices” “directly affecting” wholesale rates for electricity. It contends that the Supreme Court made a definitive pronouncement on FERC’s authority over end users of electricity who also provide resources back to the electric grid. It also contends that FERC v. EPSA marks the end of “dual federalism” in electricity law that treated federal and state jurisdiction as separate and distinct spheres of authority. Instead, it posits a new era of concurrent …

Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson

Publications

Decarbonizing the electric power sector will be central to any serious effort to fight climate change. Many observers have suggested that the congressional failure to enact a uniform system of electricity regulation could stifle the transition to a low-carbon electricity grid. This Article contends that the critique is overstated. In fact, innovation is occurring across different aspects of the electricity system and across different types of states in ways one would not expect to see under a single, national approach. As the Article demonstrates, this innovation stems in part from Congress’s failure to enact a single, national approach to electricity …

Fossil Fuel Abolition: Legal And Social Issues, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This Article will examine the practical, ethical, legal, and socio-political implications of fossil fuel abolition. First, the Article will consider the practical, ethical, and legal arguments in favor of fossil fuel abolition. Then, the Article will examine possible legal means and authorities to implement abolition in the United States, as well as potential legal objections to fossil fuel abolition. Finally, the Article will consider legal abolition’s capacity to effect the far-reaching changes in our socioeconomic system that a ban on fossil fuels will entail. The Article also will compare the climate reform movement to other social law reform movements in …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Ferc’S Expansive Authority To Transform The Electric Grid, Joel B. Eisen

Law Faculty Publications

Using an unprecedented historical analysis of over 100 years of law dating to the Progressive Era, this Article concludes that the Supreme Court’s landmark decision in Federal Energy Regulatory Commission (“FERC”) v. Electric Power Supply Association properly asserted that FERC has ample authority to pursue broad environmental and energy goals in transforming the electric grid. Building on the Court’s finding that FERC may regulate “practices” that “directly affect” rates in wholesale electricity markets, the analysis develops a detailed standard that is consistent with interpretation of regulatory statutes in each of three distinct eras: the Progressive Era, the era of regulation …