Energy and Utilities Law Commons^™

Machine Learning For Predictive Energy And Emissions Modeling Of Vehicles And Power Grids In The United States, S M Tanvir Faysal Alam Chowdhoury

Dissertations

The environmental benefits of electric vehicle (EV) adoption depend on more than replacing internal combustion engine vehicles with electric powertrains. EV adoption reshapes electricity demand, interacts with regional generation mixes, and influences travel behavior and congestion, creating a coupled transportation-energy system in which vehicle and power-plant emissions must be evaluated together. This dissertation develops machine-learning frameworks for predicting energy consumption and emissions from vehicles and power grids under rising EV adoption. The first component forecasts grid emissions from EV charging. Using simulation data from NREL's Cambium database, a Prophet-based time-series framework predicts carbon dioxide, nitrous oxide, and methane emission rates …

Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson

Pace Environmental Law Review

Environmental justice communities should have their climate change damages heard in the courtroom. One means to increase environmental justice claims is through claims under the federal Racketeer Influence and Corrupt Organizations (RICO) Act. Using Municipality of Bayamón v. Exxon Mobil Corp. (2025) as a model, this Article suggests a novel RICO case strategy to pursue climate damages for marginalized communities. Fundamentally, environmental justice RICO claims involve careful case design based on the climate-related damages a marginalized community has faced because of the long-term deception by fossil fuel actors upon those communities. Pursuing such claims forwards the intersectional issues faced by …

Four Decades, No Progress: Time For A Columbia River Basin Compact, Liesl L. Bogaard

Michigan Journal of Environmental & Administrative Law

Since the Power Act’s passage in 1980, the government entities who develop and implement energy policy in the Pacific Northwest have operated under a congressional mandate to protect fish and wildlife in the Columbia River Basin. However, nearly half a century later, the number of wild salmon and steelhead returning to their native spawning grounds is still in decline, largely due to dam operations in the Columbia and its tributaries. This Note examines the history of hydroelectric power generation in the Columbia River Basin and its impact on fish populations, drawing parallels between the environmental crisis in the Columbia River …

Owning Geothermal Energy, Gabriel Eckstein

Michigan Journal of Environmental & Administrative Law

Geothermal energy holds vast potential for decarbonizing the U.S. energy system, yet the sector remains significantly underdeveloped, supplying only 0.4% of the nation's electricity. A principal barrier to growth is the fragmented and ambiguous legal landscape currently governing ownership of geothermal resources: thirty-three states lack any clear statutory or common-law framework identifying who owns subsurface thermal energy. This Article examines the physical characteristics of geothermal energy, recent developments in the U.S. geothermal sector, and the principal doctrinal approaches that might govern ownership of subsurface heat, including the ad coelum doctrine, common-pool and open-access frameworks, the rule of capture, and public …

When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann

Journal of Earth and Life Science

For the aquifers of Minnesota, the environmental impact statement (EIS) was a promise of protection that never left the page. An environmental impact statement is meant to be an aid in the decision making process in order to ensure that projects consider potential environmental harms that may occur. However, they are often used instead as another regulatory box to check, rather than as active considerations when planning. As such, a project plan can be flawed from the start—if project developers only consider environmental impacts after they have already put considerable time, effort, and funding into their project as-is, they may …

Analysis Of Policies And Incentives For The Successful Implementation Of Hydrogen-Fueled Medium-Duty And Heavy-Duty Vehicles In Humboldt County, California, Alka Verma

Cal Poly Humboldt theses and projects

The 21st century has seen a significant rise in global greenhouse gas (GHG) emissions, with the transportation sector contributing 23% of these emissions. Medium-duty and heavy-duty vehicles (MD/HD) are particularly impactful, accounting for over a quarter of transport-related emissions. In Humboldt County, California, transportation represents 53% of total emissions, with MD/HD vehicles being a major contributor. As light-duty vehicles shift to zero-emission alternatives, the MD/HD sector faces unique challenges. Hydrogen fuel cell vehicles offer a promising solution, providing longer range, higher energy density, and quicker refueling compared to battery electric vehicles (BEVs). These features make hydrogen an attractive option for …

Powering The Machine, Draining The Planet: Whether U.S. Environmental Law Is Equipped To Regulate The Energy And Water Demands Of Ai Data Centers, Michael Marcu

Journal of Earth and Life Science

Artificial intelligence (AI) data centers have become one of the United States' fastest-growing and least-regulated sources of environmental stress. In 2024 alone, U.S. data centers consumed 183 terawatt-hours (TWh) of electricity more than the entire nation of Pakistan and consumed an estimated 17 billion gallons of water (IEA, 2025; Berkeley Lab, 2024). By 2030, electricity demand from these facilities is projected to reach 426 TWh, a 133% increase in six years (Pew Research Center, 2025). This paper examines whether the existing U.S. environmental regulatory framework put by the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the …

The Law Of The Mid-Transition, Alison Gocke

Michigan Law Review

To address climate change, our energy systems need to transition from fossil fuels to clean energy resources. There is a tendency to think this transition will occur in a linear, seamless progression: We will move from the (old) fossil fuel system at Time A to a (new) clean energy system at Time B. But this belies the reality that an energy transition involves not just building a new energy system, but also unwinding an old one. Crucially, both processes will take time. That means there will be a significant period in which both energy systems coexist.

In the engineering literature, …

Localized Nuclear Utility For Erau Environmental Improvement, Timothy Schroeder, Jacob Blanton, Christopher Anderson

Sustainability Conference

The reliance of Embry Riddle Aeronautical University (ERAU) on energy supplied by Florida Power & Light (FPL), which currently draws large amounts of power from fossil fuel sources, is continuously suboptimal both environmentally and financially. This study proposes assessing the feasibility of deploying a campus scale nuclear reactor tailored to ERAU’s power consumption profile. This serves as a path toward reducing greenhouse gas emissions and limiting dependence on external fossil fuel generation. The methods used are primarily literature review(s), and numerical analysis on comparable use cases. The literature reviews focused on design theory and yield of nuclear reactors on a …

Who Owns The Wind: The Absence Of Community Wind Farms In California, Sky Berry-Weiss

Master's Projects and Capstones

Community ownership structures for wind farms have been around for decades, particularly in European countries, due to high socioeconomic benefits. Given these significant benefits, one might expect community wind to thrive in the United States—especially in a state like California, which prides itself on progressive climate policy and renewable energy leadership. Yet utility-scale community wind remains largely absent from research on California’s energy system, raising questions about its existence in the state. To pinpoint how many utility-scale community owned wind farms are in California, this study surveys every operational wind turbine in the state. After classifying each wind farm by …

Lead Telecommunications Cables: A Call For Concern?, Zachary Young

Michigan Journal of Environmental & Administrative Law

From the late 1800s until the 1950s, telecommunication companies across the United States utilized lead casing to protect their telecommunication lines. As technology developed and different types of plastic coatings were created, telecommunication companies phased out the use of lead cables. However, the lead cables remain in the air and buried in the ground, even continuing to provide telephone service for some. The failure to remove these cables, most of which are not in use anymore, has generated a slew of issues for the modem-day telecommunication companies that have inherited these cables from their predecessors. As the protective casing decays, …

Shining Light On Policy: The Case For Solar Panel Mandates On New Construction Projects, Emily Glazier

Cardozo Journal of Equal Rights & Social Justice

The note argues that solar panel mandates on new construction projects are a necessary and sensible approach to reducing greenhouse gas emissions and achieving climate goals, but their implementation must include provisions to protect vulnerable communities and address environmental justice concerns. While such mandates face legal and political challenges, the benefits of decreased emissions and energy independence outweigh the costs, particularly when paired with measures like community solar systems, incentives, and exemptions.

Environmental War, Climate Security, And The Russia-Ukraine Crisis, Mark P. Nevitt

Faculty Articles

This Article addresses the Russia-Ukraine conflict’s broad implications for energy security, climate security, and environment protections during wartime. I assert that in the short-term the Russian-Ukraine war is poised to hinder much-needed international climate progress. It will stymie international decarbonization efforts and cause greater uncertainty in other climate-destabilized parts of the world, such as the Arctic. While Russia has become a pariah in the eyes of the United States and other Western nations, it has forged new partnerships and capitalized on new, lucrative energy markets outside the West and Global South. But in the long term, the global renewable energy …

Three Essays On Energy Related To State Policies And Low Carbon Transitions, Pinky Thomas

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation consists of three essays on energy-related state policies and energy transition. Each paragraph below refers to the three abstracts for the three chapters in this dissertation, respectively.

The first essay is entitled: “Impacts of State Tax and Resource Ownership Policies on Extraction: Evidence from U.S. Natural Gas Production”. The innovation of combined use of horizontal drilling and hydraulic fracturing technologies during the 2000s has allowed natural gas producers in the United States to extract natural gas and liquids from deep shale formations in a cost-efficient manner. This essay evaluates whether unconventional gas production responds to tax changes, and …

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

Research On Renewable Energy Project Opposition Selected For Environmental Law And Policy Annual Review Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A publication co-authored by Indiana University Maurer School of Law Dean Christiana Ochoa and 2021 Law School alumna Kacey Cook has been selected to appear in the 17th edition of the Environmental Law and Policy Annual Review.

“Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help” was authored by Ochoa, Cook, and University of Minnesota Law School third-year student Hanna Weil and was published in January 2023 in the Minnesota Law Review.

Section 45q, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet on the 45Q tax credit. 45Q was created in 2008 as a tax credit to incentivize the development of carbon capture, utilization, and storage (CCUS) projects. [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]

24/7 Clean Energy, Todd Aagaard

University of Colorado Law Review

In the face of the rapidly escalating climate crisis, the electricity sector is moving toward renewable energy. To date, policies and strategies have focused on increasing overall renewable energy generation, with little regard for timing and location. The result has been a misalignment of supply and demand in renewable energy markets. Renewable power projects produce energy when and where it is least expensive, leaving supply scarce at other times and places. Consumers, meanwhile, continue to use power when and where they need it. This mismatch increases the electricity grid’s dependence on fossil fuel–fired electricity to meet electricity demand at times …

Making Net Zero Matter, Albert C. Lin

Washington and Lee Law Review

In recent months, dozens of countries and thousands of businesses have pledged to achieve net zero greenhouse gas emissions. However, net zero often means different things to different entities, and it is often uncertain how net zero pledges—which set targets years or decades from the present—will be met. This Article considers the motivations behind net zero pledges, highlights the underappreciated role of carbon removal in net zero efforts, and identifies mechanisms for encouraging the accomplishment of net zero goals. Two key strategies are essential to making net zero targets matter. First, society should develop and implement accountability and enforcement mechanisms …

Why Capacity Market Prices Are Too High, Todd S. Aagaard, Andrew N. Kleit

Faculty Publications

The Federal Energy Regulatory Commission and regional transmission organizations have fixated on a concern that prices in electricity capacity markets are too low. In fact, however, capacity markets are significantly overpriced. The reason for this is that the administratively determined demand curves in capacity markets create conditions that procure far more electricity capacity than what is needed to meet reliability objectives. In particular, the operators of these markets systematically overestimate both the relevant peak demand for electricity and needed payments for generators to enter the market. The result is that consumer pay billions of dollars extra for excess capacity.

Uranium 233: The Nuclear Superfuel No One Is Using, Maris Hanson

Seattle Journal of Technology, Environmental, & Innovation Law

Nuclear power offers more energy in less physical space than solar and wind and yields more energy per pound than fossil fuels. However different nuclear fuels yield different waste profiles and create different beneficial products. Uranium 233 (U233) resists use in nuclear weapons, yields beneficial daughter products, and produces dramatically less of the most problematic waste products than Uranium 235 (U235). U233 results from reactions with Thorium, a plentiful, ubiquitous element currently considered waste from rare earth mines. Additionally, U233 functions well in a liquid fuel reactor resulting in safer, more efficient reactors than current solid fuel U235 or Plutonium …

Regulating For Energy Justice, Alexandra B. Klass, Gabriel Chan

Articles

In this Article, we explore and critique the foundational norms that shape federal and state energy regulation and suggest pathways for reform that can incorporate principles of “energy justice.” These energy justice principles—developed in academic scholarship and social movements—include the equitable distribution of costs and benefits of the energy system, equitable participation and representation in energy decision making, and restorative justice for structurally marginalized groups.

While new legislation, particularly at the state level, is critical to the effort to advance energy justice, our focus here is on regulators’ ability to implement reforms now using their existing authority to advance the …

Renewable Energy And Trade: Meeting The Paris Agreement’S Goals Through A Two-Step Jurisprudential Advance, Lisa Benjamin

Minnesota Journal of Law, Science & Technology

No abstract provided.

Industrial Policy And Local Content Rules In Us Energy Policy, Zachary Sturman, Timothy Meyer

Faculty Scholarship

The United States (US) has a long history of using local content requirements (LCRs) – laws, regulations, or governmental measures that condition a benefit, often financial support, on the use of a certain percentage of inputs from the local jurisdiction – to promote the development of favored domestic industries. The energy sector, as well as related infrastructure industries, have been no exception. Historically, the US has used LCRs and similar measures to promote the development of fossil fuel industries. More recent interest by policymakers in the US have spurred the use of local content rules tied to pipeline construction, as …

Shifting Public Perception: Climate Change Means Living With Fire And Smoke, Robert Froembling

Seattle Journal of Technology, Environmental, & Innovation Law

The urgency to prepare for the climate crisis has never been greater. We are currently living in the sixth mass extinction and the effects are only going to accelerate. We will inherit more wildfires, larger wildfires, and more frequent wildfires.

This piece is not meant to stoke fear in its readers or be depressing, but to shift public perception on what our future holds by evaluating the laws and science presented to us. This piece will look at regional and federal regulations and assess the increased rate of forest fires and the grave public health concerns from stagnant smoke specifically …

Enabling Electric Storage Participation In Wholesale Markets: An Analysis Of Ferc Order No. 841, Glenn A. Smith

Master of Science in Energy Systems Management

This study has been performed to understand the potential impact that the Federal Energy Regulatory Commission’s (FERC) Order No. 841 will have on the adoption of energy storage resources (ESR). This analysis looked at: (1) the Order’s requirements, (2) FERC’s exercise of its authorized jurisdiction within the Order, and (3) actions taken by the Regional Transmission Organizations (RTO), Independent System Operators (ISO) and FERC to demonstrate compliance with the Order’s requirements:

Order No. 841 utilizes a participation model to ensure ESR’s are able to participate in wholesale electricity markets to an extent that is reflective of a resource’s physical and …

Enabling Electric Storage Participation In Wholesale Markets: An Analysis Of Ferc Order No. 841, Glenn A. Smith

Master's Projects and Capstones

This study has been performed to understand the potential impact that the Federal Energy Regulatory Commission’s (FERC) Order No. 841 will have on the adoption of energy storage resources (ESR). This analysis looked at: (1) the Order’s requirements, (2) FERC’s exercise of its authorized jurisdiction within the Order, and (3) actions taken by the Regional Transmission Organizations (RTO), Independent System Operators (ISO) and FERC to demonstrate compliance with the Order’s requirements:

Order No. 841 utilizes a participation model to ensure ESR’s are able to participate in wholesale electricity markets to an extent that is reflective of a resource’s physical and …

An Analysis Of United States Nuclear Power Plant Decommissioning Policy And The Public Participation Process, Alexis Stabulas

Sustainability and Social Justice

As the number of nuclear power plants slated for decommissioning increases, reflecting on the U.S. Nuclear Regulatory Commission’s (NRC’s) decommissioning regulations in relation to public participation becomes increasingly important. When plants close, communities lose security in economics, employment, and environmental and human health. The NRC’s regulations on public involvement are very limited and generally stakeholders do not feel supported in the decommissioning process. Local and tribal governments, citizen groups, the general public, and those directly affected have all found the NRC’s public involvement inadequate, ineffective, and infrequent. The case studies of two completely decommissioned plants, Maine Yankee and Big Rock …

Distributed Renewable Energy, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

For individuals, the heating and cooling of buildings is the second largest source of U.S. CO2 emissions after transportation. This chapter suggests pathways to help deploy the two most promising categories of U.S. distrib­uted renewable energy resources to reduce these emissions—photovoltaic solar matched with storage and ther­mal sources for hot water and for heating and cooling buildings. Distributed generation is probably the energy source most impacted by different levels of government and nongovernmental actors. However, distributed generation is also most immediate to consumers, especially with new technologies or rate structures that give them feedback about their own individual generation and …

Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn

2020 Award Winners

No abstract provided.