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Full-Text Articles in Energy and Utilities Law

Energy, Electricity And Smart Grids In Latvia And Portugal – Developments And Concerns, Rafael Leal-Arcas, Filipa Santos, Danai Papadea Jan 2020

Energy, Electricity And Smart Grids In Latvia And Portugal – Developments And Concerns, Rafael Leal-Arcas, Filipa Santos, Danai Papadea

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Artificial Intelligence And Climate Change, Amy L. Stein Jan 2020

Artificial Intelligence And Climate Change, Amy L. Stein

UF Law Faculty Publications

As artificial intelligence (AI) continues to embed itself in our daily lives, many focus on the threats it poses to privacy, security, due process, and democracy itself. But beyond these legitimate concerns, AI promises to optimize activities, increase efficiency, and enhance the accuracy and efficacy of the many aspects of society relying on predictions and likelihoods. In short, its most promising applications may come, not from uses affecting civil liberties and the social fabric of our society, but from those particularly complex technical problems lying beyond our ready human capacity. Climate change is one such complex problem, requiring fundamental changes …


Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy Jan 2020

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …


Raising The Meter In Rhode Island: A Better Approach To Rhode Island’S Net Metering Laws, Alyssa Lauren Lemire Jan 2020

Raising The Meter In Rhode Island: A Better Approach To Rhode Island’S Net Metering Laws, Alyssa Lauren Lemire

Roger Williams University Law Review

No abstract provided.


Front Matter, Natural Resources Journal Jan 2020

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A., Carl J. Bauer Jan 2020

The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A., Carl J. Bauer

Natural Resources Journal

This paper offers a historical overview of the first century of hydropower in the US from today’s perspective of the water/energy nexus. Hydropower emerged as a technology in the 1880s and its development expanded until large dam building ended in the US in the 1970s-1980s. I summarize the century from the two different angles of the water sector and the electric power sector, as the roles and strategic importance of hydropower changed dramatically in the two sectors, in the parallel histories of water development and electric power development. The paper emphasizes the electricity side of the hydropower story because the …


The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo Jan 2020

The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo

Natural Resources Journal

This article analyzes the international convention governing marine pollution caused by the shipment of hazardous and noxious substances (“HNS”). It also discusses China’s domestic laws and regulations of HNS marine pollution liability comparing the Chinese approach with norms under the HNS Convention. The author argues that China faces severe HNS pollution issues and proposes solutions to HNS liability and compensation problems.


A Road Map To Restoring Rivers: How The Klamath Basin Restoration Agreement Might Influence Future Dam Removal And River Restoration Projects, James C. Ish Jan 2020

A Road Map To Restoring Rivers: How The Klamath Basin Restoration Agreement Might Influence Future Dam Removal And River Restoration Projects, James C. Ish

Natural Resources Journal

Throughout the United States dams are approaching the terminus of their original licensing periods and are undergoing re-licensing by the Federal Energy Regulatory Commission. This period of review has prompted extensive studies in these basins to determine the cost-benefits associated with keeping these dams, versus removing and restoring the natural ecosystems that are currently inundated. In situations where a dam is deemed to be no longer economically relevant, and/or a detriment to endangered species or their critical habitat, an agreement for removal and restoration is often proposed as the next step in the management of that basin’s water resources. However, …


Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019), Ariel Macmillan-Sanchez Jan 2020

Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019), Ariel Macmillan-Sanchez

Natural Resources Journal

No abstract provided.


Climate Perspectives Across The Generations, Dan Farber Jan 2020

Climate Perspectives Across The Generations, Dan Farber

Natural Resources Journal

Climate change is a multi-generational problem, but it does not impact all generations in the same way. Correspondingly, older Americans and younger ones differ greatly in how they perceive the issue and how they respond. The wave of youth activism epitomized by Greta Thunburg is on one side of this generation gap. Donald Trump’s climate skepticism is on the other. We’re talking about large groups of people, so there is a range of attitudes on both sides, but these two individuals represent the generational differences in dramatic form. My goal today is to explore these generational differences. I want to …


Greening The Old New Deal: Strengthening Rural Electric Cooperative Supports And Oversight To Combat Climate Change, Gabriel Pacyniak Jan 2020

Greening The Old New Deal: Strengthening Rural Electric Cooperative Supports And Oversight To Combat Climate Change, Gabriel Pacyniak

Faculty Scholarship

New Deal cooperatives succeeded in electrifying rural America when for-profit utilities would not. Today, however, rural electric cooperatives are lagging behind when it comes to meeting the challenge of climate change. Cooperatives have collectively been slower to embrace the shift to low-carbon electricity than for-profit and municipal utilities and have served as a drag on state and federal clean energy and climate policies. This is partially because of the structural differences between cooperatives and other utilities, but also because of a weak and under-determined federal and state regulatory structure. A few cooperatives in Colorado and New Mexico are seeking to …


Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner Jan 2020

Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner

Natural Resources Journal

Asteroid mining is set to be one of the most lucrative industries of the near future. With mineral value that dwarfs resources found on Earth, the race to locate and mine these precious minerals will soon begin in earnest. However, asteroid mining raises numerous legal questions, including how to create contracts for private mining companies to exploit the asteroids. Standard mining contracts provide a foundation for earthbound contracts, while mining in extreme environments such as Antarctica and the seabed provides further structure upon which parties interested in asteroid mining can begin building new contracts. These earthbound contracts also serve as …


River Of Lost Souls: The Science, Politics, And Greed Behind The Gold King Mine Disaster By Jonathan P. Thompson (Torrey House Press, 296 Pages; 2018), Sarah Mclain Jan 2020

River Of Lost Souls: The Science, Politics, And Greed Behind The Gold King Mine Disaster By Jonathan P. Thompson (Torrey House Press, 296 Pages; 2018), Sarah Mclain

Natural Resources Journal

“Oh. Shit.” These were the first words spoken when mine sludge carrying heavy metals began spewing out of the side of Level 7 portal of the Gold King Mine. On August 5, 2015, EPA staffers and contractors were working to start clearing out debris from the mine, and instead opened a hole on the side of an old mine tunnel which released three million gallons of water and sludge into the Animas River below. The sludge would travel downstream, passing the old mining community of Silverton, CO, continuing past Durango, CO, and eventually crossing state lines into New Mexico where …


Symposium Letter, Ariel Macmillan-Sanchez Jan 2020

Symposium Letter, Ariel Macmillan-Sanchez

Natural Resources Journal

Acknowledgement


Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change, Andrea Rodgers Jan 2020

Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change, Andrea Rodgers

Natural Resources Journal

This interview with Andrea Rodgers was produced through written responses to prompts from Ariel MacMillan-Sanchez in April 2020.


Creating Social Change Through Art: The Greater Chaco Art Zines, Jeanette Hart-Mann, Asha Canalos Jan 2020

Creating Social Change Through Art: The Greater Chaco Art Zines, Jeanette Hart-Mann, Asha Canalos

Natural Resources Journal

This interview with Jeanette Hart-Mann and Asha Canalos took place on March 6, 2020 in Albuquerque, New Mexico. This interview was conducted in person and edited by Ariel MacMillan-Sanchez.4 Hart-Mann and Canalos explained the importance of the Greater Chaco Art Zines project, how it came to fruition, the issues of censorship that surround it, and their perspectives on generating meaningful change. Some of the art pieces discussed in this interview are published in this article. If you would like to get involved or wish to see more of the art pieces discussed in this interview please visit https://greaterchacoartzines.org/.


Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Case Law On American Indians August 2018-2019, Thomas P. Schlosser Dec 2019

Case Law On American Indians August 2018-2019, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch Dec 2019

Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States.


Virginia Uranium, Inc. V. Warren, Nyles G. Greer Nov 2019

Virginia Uranium, Inc. V. Warren, Nyles G. Greer

Public Land & Resources Law Review

The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.


Wildearth Guardians V. Zinke, Emily M. Mcculloch Nov 2019

Wildearth Guardians V. Zinke, Emily M. Mcculloch

Public Land & Resources Law Review

WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.


Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed Nov 2019

Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed

Public Land & Resources Law Review

In 2017, Secretary of the Interior Ryan Zinke issued a new order lifting the previous administration’s 2016 Jewell Order that had placed a moratorium on mineral leases until a programmatic EIS was completed. The new order repealed the moratorium, cancelled the programmatic EIS, and instructed the BLM to expedite new mineral lease applications. Several plaintiffs challenged Zinke’s order, and the United States District Court for the District of Montana ruled that it was a major federal action that triggered NEPA analysis and that the agency acted arbitrarily and capriciously when it issued the order without any environmental review.


Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson Nov 2019

Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson

Public Land & Resources Law Review

The Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees.


Measuring Brief (United States Of America), Kayla Race, Gordon Rowe, Sydney Sell Oct 2019

Measuring Brief (United States Of America), Kayla Race, Gordon Rowe, Sydney Sell

Pace Environmental Law Review Online Companion

No abstract provided.


Measuring Brief (Hexonglobal Corporation), Yliana Trevino-Hawkins, Andrea Reed, Sarah Surgeoner Oct 2019

Measuring Brief (Hexonglobal Corporation), Yliana Trevino-Hawkins, Andrea Reed, Sarah Surgeoner

Pace Environmental Law Review Online Companion

No abstract provided.


Measuring Brief (Organization Of Disappearing Island Nations, Apa Mana, And Noah Flood), Tess Pocock, Sheridan Schuessler Oct 2019

Measuring Brief (Organization Of Disappearing Island Nations, Apa Mana, And Noah Flood), Tess Pocock, Sheridan Schuessler

Pace Environmental Law Review Online Companion

No abstract provided.


2019 Bench Memorandum Oct 2019

2019 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.


2019 Competition Problem Oct 2019

2019 Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.


New York's Time To Shine: Turning Weakness In State Solar Energy Policy Into An Opportunity For National Leadership, Katherine L. Rogers Oct 2019

New York's Time To Shine: Turning Weakness In State Solar Energy Policy Into An Opportunity For National Leadership, Katherine L. Rogers

Cornell Journal of Law and Public Policy

New York has shifted its policy for valuing the energy that solar panel owners place back onto the grid in an effort to promote solar development where the state needs it the most. Now, the state is at a crossroads because that change has stressed solar investments rather than incentivized them; should the state eliminate the legislation in favor of old policy or make changes to the current policy? This Note argues that New York should maintain the current policy but make small changes in order to ameliorate the weaknesses that are challenging the state's solar market. If New York …


Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman Oct 2019

Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman

Indiana Law Journal

Although much of the earth’s surface is covered with water, less than one percent of water is available for human use. Water is becoming progressively scarcer worldwide, as demand increases and pollution, drought, and climate change jeopardize access to clean water. The United States is no exception to that trend. Effective regulation of water supplies can blunt the impacts of water scarcity. This Article suggests that states can—and should—regulate instream flows and lake levels in their federally-mandated water quality standards, with an eye toward conserving scarce water resources. Regulating water quantity as an element of water quality is not only …