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Articles 91 - 106 of 106
Full-Text Articles in Energy and Utilities Law
Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule
Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule
Faculty Publications
Unprecedented growth in rooftop solar energy development is drawing increased attention to the issue of solar access. To operate effectively, solar panels require un-shaded access to the sun’s rays during peak sunlight hours. Some landowners are reluctant to invest in rooftop solar panels because they fear that a neighbor will erect a structure or grow a tree on nearby property that shades their panels. Existing statutory approaches to protecting solar access for such landowners vary widely across jurisdictions, and some approaches ignore the airspace rights of neighbors. Which rule regime for solar access protection best promotes the efficient allocation of …
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Natural Resources Journal
No abstract provided.
Keep Hope Alive: Updating The Prudent Investment Standard For Allocating Nuclear Plant Cancellation Costs, Jonathan Kahn
Keep Hope Alive: Updating The Prudent Investment Standard For Allocating Nuclear Plant Cancellation Costs, Jonathan Kahn
Faculty Scholarship
As the United States is poised to enter a new era of nuclear power plant construction, it behooves us to revisit some of the controversies of the past and consider how best to deal with some of the major problems that arose once before and may confront us once again as we go down this path. A flurry of costly, protected, and complex disputes concerning the allocation of plant cancellation cost followed upon the collapse of the first boom in nuclear power plant construction during the 1970s and 1980s. These cases led to highly divergent results depending of the jurisdiction …
Can Urban Solar Become A "Disruptive" Technology?: The Case For Solar Utilities, Joel B. Eisen
Can Urban Solar Become A "Disruptive" Technology?: The Case For Solar Utilities, Joel B. Eisen
Law Faculty Publications
After examining the theory of disruptiveness and the inadequacy of current initiatives for renewables, I argue for a disruptive solution to solar. Achieving the kind of deployment that would be required to make a serious down payment on our climate obligations will take something far different than we have seen to date: companies devoted to national (or at least regional), large-scale installations of solar technology, and which are deeply capitalized and willing to take risks to bring solar to many homeowners. I will term these "solar utilities,'' and I propose that one or more of them should take over the …
Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall
Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall
Journal Publications
Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation's water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and water …
China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson
China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
City Of New York V. Verizon New York, Inc., Michael T. Leigh
City Of New York V. Verizon New York, Inc., Michael T. Leigh
NYLS Law Review
No abstract provided.
Solar Rights For Texas Property Owners, Sara C. Bronin
Solar Rights For Texas Property Owners, Sara C. Bronin
Cornell Law Faculty Publications
In response to Jamie France's note, A Proposed Solar Access Law for the State of Texas, Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids. Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. …
Curbing Energy Sprawl With Microgrids, Sara Bronin
Curbing Energy Sprawl With Microgrids, Sara Bronin
Faculty Articles and Papers
Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall
University of Colorado Law Review
Renewable energy credits ("RECs")--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow individuals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold voluntarily or applied to state-imposed renewable energy purchase obligations. These state mandates, known as renewable portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the existing regulatory scheme (or lack …
Wind-Energy Ventures In Indian Country: Fashioning A Functional Problem, Crystal D. Masterson
Wind-Energy Ventures In Indian Country: Fashioning A Functional Problem, Crystal D. Masterson
American Indian Law Review
No abstract provided.
Symposium--Critical Intersections For Energy & Water Law: Exploring New Challenges And Opportunities: Foreward, Alastair R. Lucas, Gregory S. Weber, Patricia K. Wouters
Symposium--Critical Intersections For Energy & Water Law: Exploring New Challenges And Opportunities: Foreward, Alastair R. Lucas, Gregory S. Weber, Patricia K. Wouters
McGeorge School of Law Scholarly Articles
No abstract provided.
The Gulf Spill Context: Peak Oil, Risky Oil, And Energy Strategy, Edward A. Parson
The Gulf Spill Context: Peak Oil, Risky Oil, And Energy Strategy, Edward A. Parson
Articles
As shocking as the situation in the Gulf of Mexico may be, in this broader context it must be regarded as a normal event. That’s not to say that it’s normal in relation to past experience. Rather, the Gulf spill is “the new normal,” in the sense that our current energy strategy—or lack thereof—will make such events increasingly likely, even if we assume conditions of effective regulation and responsible compliance that evidently were not present on the Deepwater Horizon.
China's Renewable Energy Law: A Platform For Green Leadership?, Joel B. Eisen
China's Renewable Energy Law: A Platform For Green Leadership?, Joel B. Eisen
Law Faculty Publications
This article describes programs and initiatives in China promoting growth of renewable energy capacity, and analyzes obstacles to future growth.
The Failure Of International Global Warming Regulation To Promote Needed Renewable Energy, Steven Ferrey
The Failure Of International Global Warming Regulation To Promote Needed Renewable Energy, Steven Ferrey
Suffolk University Law School Faculty Works
Renewable power generation technologies exist today and comprise the foundation for the bridge to a sustainable international power generation infrastructure. However, the Kyoto Protocol (Kyoto) has failed to utilize these technologies. Kyoto also missed the forest for the trees: it disallowed forest preservation to count in its carbon currency. It also missed including the correct chemical base in developing countries. This Article examines what led international law not to focus on development in renewable power alternatives where they are most required in the international order: developing nations. It analyzes the critical role of international multilateral organizations to create the new …
Energy Justice And Sustainable Development, Lakshman Guruswamy
Energy Justice And Sustainable Development, Lakshman Guruswamy
Publications
Sustainable Development ("SD")--an expression of distributive justice--is the foundational premise of international energy and environmental law. It posits that international answers to environmental and energy problems cannot be pursued as independent and autonomous objectives but must be addressed within the framework of economic and social development. SD has been politically institutionalized in the Millennium Development Goals and a plethora of significant international instruments. Perhaps more importantly from a legal standpoint, SD is unequivocally codified, in the most widely accepted international energy and environmental treaties. This Article affirms the importance and continuing applicability of SD to the "other" third of the …