Energy and Utilities Law Commons^™

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.

Safe & Environmentally Sound Recycling Of Ships: A Stocktaking Of The Current State Of International Law, Ishtiaque Ahmed

Fordham Environmental Law Review

Ship-breaking is one of the most dangerous occupations in the world and widely known as a pollution-heavy industry. This industry is currently concentrated primarily in three South Asian developing countries, namely Bangladesh, India and Pakistan. Ensuring the safe and environmentally sound recycling of ships remains a global concern. There are many international regulations which apply to the activities of ship-breaking, but none of them address the issue in a comprehensive manner. The most relevant international instrument governing ship recycling, the 2009 Hong Kong Convention remains unenforceable due to non-ratification by the chief ship recycling states. The only enforceable international instrument …

Tools For Regulators In A Changing Climate: Proposed Standards, State Policies, And Case Studies From The Western Grid, Adam D. Orford

Faculty Scholarship

With climate change a present reality, governments are confronting the need to adapt their regulatory planning processes to withstand new and uncertain climate risks. This Article provides three new resources to support this essential work. First, it develops a new standard for assessing the quality of climate adaptation decisionmaking, focusing on defining the problem, quantifying adaptation benefits, and evaluating equitable distribution of risk. Second, it reviews California’s climate adaptation policy development efforts between 1988 and 2018—from the state’s early efforts to study the problem, to later attempts at statewide strategic planning, until more recent work to integrate adaptation into existing …

The Lights Are On: Shining A Spotlight On The Retail Energy Market Reveals The Need For Enhanced Consumer Protections, Carrie A. Scrufari

Fordham Environmental Law Review

No abstract provided.

Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen

Fordham Environmental Law Review

No abstract provided.

Where Oil Is King, Kristen Van De Biezenbos

Fordham Law Review

Donald Trump has won the 2016 presidential election, and, based on his campaign rhetoric, it seems reasonable to anticipate that the next four years will see a rollback of federal rules and regulations originally intended to combat climate change and environmental pollution in favor of increased production of fossil fuels, including coal. This raises the question of where we can look for protection of environmental goals, if not to federal law or agencies. Unconventional solutions to energy and environmental issues may be the only way to move forward on environmental challenges in the near term. This Article suggests one such …

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

Fordham Urban Law Journal

No abstract provided.

Public Transit Data Through An Intellectual Property Lens: Lessons About Open Data, Teresa Scassa

Fordham Urban Law Journal

This Article examines some of the challenges presented by the transition from ‘closed’ to open data within the municipal context, using municipal transit data as a case study. The particular lens through which this Article examines these challenges is intellectual property law. In a ‘closed data’ system, intellectual property law is an important means by which legal control over data is asserted by governments and their agencies. In an ‘open data’ context, the freedom to use and distribute content is a freedom from IP constraints. The evolution of approaches to open municipal transit data offers some interesting examples of the …

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.

"Smart Cities" Meet "Anchor Institutions": The Case For Broadband And The Public Library, Ellen P. Goodman

Fordham Urban Law Journal

No abstract provided.

Sharing The Road: Smart Transportation Infrastructure, Dorothy J. Glancy

Fordham Urban Law Journal

Smart cities require smart transportation. Advanced Intelligent Transportation Systems provide ever-smarter transportation infrastructure for the United States and countries around the world. Among the most advance forms of ground transportation infrastructure is a group of technologies that connect vehicles invisibly to other vehicles through information exchanges. These advanced transportation technologies are of two types: On the one hand, Connected Vehicle Safety Systems use vehicle-to-vehicle dedicated short range communications technologies. On the other hand, Connected Vehicle Mobility Applicatoins use a muhc wider variety of mobile wireless technologies. These two types of technolofies that connect vehicles will increasingly make existing physical infrastructure …

Securing The Smart Grid: Protecting National Security And Privacy Through Mandatory, Enforcable Interoperability Standards, Christopher Bosch

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 …

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 Next Generation Of Greenwash: Diminishing Consumer Confusion Through A National Eco-Labeling Program , Jessica E. Fliegelman

Fordham Urban Law Journal

Since the 1990's there has been a continuously growing movement among advertisers to appeal to consumers by touting how environmentally friendly their products are. This note addresses the prominence of misleading and deceptive environmental claims that have prompted appeals for improved federal regulation. Specifically, the Note focuses on the emerging trend of carbon advertising and national and international models that provide guidance on preventing deception. Part I conveys the current status of environmental advertising and the necessary background principles for establishing regulations. Part II details major criticisms of the current environmental advertising guidelines and proposed models for restructuring environmental advertising …

Climate Change, Consumption, And Cities, Alice Kaswan

Fordham Urban Law Journal

Part I of this Article highlights the nation’s high level of energy consumption and argues that policies directed solely at tailpipes and smokestacks will fail to reach climate change goals. Part II of this Article observes that recently proposed federal legislation does not sufficiently address consumption. Part III argues that direct local land use and green building measures can and should play a critical role in reducing demand. Part IV recognizes that, notwithstanding the institutional and practical arguments in favor of local initiatives, significant barriers could slow their adoption and implementation. Part V argues that federal legislation could overcome obstacles …

Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt

Fordham Urban Law Journal

This article examines the concept of cogeneration, a term for the simultaneous production of both electricity and other useful energy in a single facility by a cascading use of heat energy. It analyzes the rise of cogeneration through the lens of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), enacted by Congress to improve the distribution of electric energy and encourage the conservation of resources, as well as the efforts of the Federal Energy Regulatory Commission ("FERC") to encourage cogeneration. This article discusses a number of the issues raised and left unresolved by this federal policy of encouraging the …

Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt

Fordham Urban Law Journal

This article examines the concept of cogeneration, a term for the simultaneous production of both electricity and other useful energy in a single facility by a cascading use of heat energy. It analyzes the rise of cogeneration through the lens of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), enacted by Congress to improve the distribution of electric energy and encourage the conservation of resources, as well as the efforts of the Federal Energy Regulatory Commission ("FERC") to encourage cogeneration. This article discusses a number of the issues raised and left unresolved by this federal policy of encouraging the …

Con Edison: The Crisis Of The Investor-Owned Utility, Charles A. Testagrossa, Jr., Dennis F. Tuffin

Fordham Urban Law Journal

Consolidated Edison of New York, Inc. (Con Edison) is an investor-owned urban utility which provides electricity to New York City and most of Westchester County. It is representative of the older investor-owned utilities which are currently in the poorest financial condition. Although these utilities do not serve rapidly expanding service areas, the replacement of obsolete generating plants necessitates continued large capital expenditures. Present conditions raise the possibility that older investor-owned utilities cannot survive in their present form of "regulated private monopoly." The failure of Con Edison to pay a quarterly dividend on April 23, 1974 focused attention on the deteriorating …

Taming The Technological Tygerthe Regulation Of The Environmental Effects Of Nuclear Power Plants -A Survey Of Some Controversial Issues--Part One, Joyce P. Davis

Fordham Urban Law Journal

This article reviews the significance placed on environmental factors in nuclear plant licensing during -the 1960s, first considering the effect of recent legislation and the status of current controversies, and then briefly discussing proposals for legislation and developments that can be expected in the near future.

Taming The Technological Tygerthe Regulation Of The Environmental Effects Of Nuclear Power Plants -A Survey Of Some Controversial Issues--Part Two, Joyce P. Davis

Fordham Urban Law Journal

This article reviews the significance placed on environmental factors in nuclear plant licensing during -the 1960s, first considering the effect of recent legislation and the status of current controversies, and then briefly discussing proposals for legislation and developments that can be expected in the near future.