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Energy and Utilities Law Commons

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2013

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Articles 121 - 141 of 141

Full-Text Articles in Energy and Utilities Law

Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase Jan 2013

Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase

Maryland Law Review

No abstract provided.


Property Rights And Modern Energy, Troy A. Rule Jan 2013

Property Rights And Modern Energy, Troy A. Rule

Faculty Publications

This short article, written for a joint program of the Natural Resources and Energy Law and Property Law Sections of the American Association of Law Schools at the Association’s 2013 Annual Meeting, offers some general guidelines for adjusting property rights regimes to accommodate new energy innovations. This article suggests that, when feasible, policy actions that merely clarify ambiguities in existing law are often the simplest and most cost-effective way to respond when important technological advancements place pressure on longstanding property structures. When such policies are inadequate or unavailable, the most equitable and efficient adjustments to property arrangements tend to be …


Risk And Response In Fracturing Policy, Hannah J. Wiseman Jan 2013

Risk And Response In Fracturing Policy, Hannah J. Wiseman

University of Colorado Law Review

An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens' groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection-just one stage of …


The Promise And Perils Of Renewable Energy On Tribal Lands, Sara Bronin Jan 2013

The Promise And Perils Of Renewable Energy On Tribal Lands, Sara Bronin

Faculty Articles and Papers

No abstract provided.


Community-Scale Renewable Energy, Sara Bronin, Hannah Wiseman Jan 2013

Community-Scale Renewable Energy, Sara Bronin, Hannah Wiseman

Faculty Articles and Papers

As the movement toward cleaner energy has gained momentum within the United States, a growing number of scholars and policymakers have made the case for community-scale renewable energy: mid-sized energy sources supported by resources pooled from several private par-ties in close geographic proximity. When built and utilized at the community level, these energy facilities may allow for economies of scale that their owners could not achieve working individually.' Individual distributed generation, such as solar infrastructure on the roofs of homes, involves high transaction costs and creates relatively small impacts. At the same time, community-scale renewable energy has advantages over largescale …


Community-Scale Renewable Energy, Hannah J. Wiseman, Sara C. Bronin Jan 2013

Community-Scale Renewable Energy, Hannah J. Wiseman, Sara C. Bronin

Scholarly Publications

No abstract provided.


Energy Security, Green Fleets, And Green Warriors, Jennifer Huang Jan 2013

Energy Security, Green Fleets, And Green Warriors, Jennifer Huang

Florida A & M University Law Review

The U.S. military, both our nation's largest consumer and securer of energy, can no longer be absolved of the high costs and environmental consequences of its reliance on conventional fuel sources and energy systems in the face of mounting evidence of unavoidable global warming and climate change. The oil-dependent U.S. national and energy security policies that have helped achieved American military and economic greatness are no longer sustainable; in fact, uncovering the hidden costs of our oil addiction reveals many insecurities. In order to progress towards true energy independence, the U.S. must overcome its congressional in-fighting, and kick-start its promising …


Community-Scale Renewable Energy, Hannah J. Wiseman, Sara C. Bronin Jan 2013

Community-Scale Renewable Energy, Hannah J. Wiseman, Sara C. Bronin

Cornell Law Faculty Publications

As the movement toward cleaner energy has gained momentum within the United States, a growing number of scholars and policymakers have made the case for community-scale renewable energy: mid-sized energy sources supported by resources pooled from several private parties in close geographic proximity. When built and utilized at the community level, these energy facilities may allow for economies of scale that their owners could not achieve working individually. Individual distributed generation, such as solar infrastructure on the roofs of homes, involves high transaction costs and creates relatively small impacts. At the same time, community-scale renewable energy has advantages over large-scale …


Who Regulates The Smart Grid?: Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets., Joel B. Eisen Jan 2013

Who Regulates The Smart Grid?: Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets., Joel B. Eisen

Law Faculty Publications

This Article argues that Order 745 is both justified under the Federal Power Act (FPA) and important to ensure the transition to a clean energy future. A challenge to Order 745, Electric Power Supply Association v. FERC, is currently pending in the D.C. Circuit. This Article contends that Order 745 should be upheld against this challenge because it fits within FERC's broad authority to regulate the wholesale power markets.


Engines Of Change: China's Rise And The Chinese Auto Industry, Huston Middlesworth Jan 2013

Engines Of Change: China's Rise And The Chinese Auto Industry, Huston Middlesworth

CMC Senior Theses

The following thesis outlines the Chinese government's push for new-energy vehicles within their auto industry. By giving a history of the Chinese automotive industry and the central planning devices used to push the industry forward, we should develop a more refined understanding as to the direction of China' auto industry in the future.


Electric Municipalization In The City Of Boulder: Successful Greening Or Path To Bankruptcy?, Kathryn C. Browning Jan 2013

Electric Municipalization In The City Of Boulder: Successful Greening Or Path To Bankruptcy?, Kathryn C. Browning

CMC Senior Theses

Climate change will result in variable – but undeniably severe – changes to our natural world. These changes will lead to extreme human and ecosystem consequences if climate change is not mitigated effectively, efficiently, and rapidly. Increasing the use of renewable energies around the world is seen as one of the most effective and promising mitigation strategies. Several communities around the United States have recently denounced publicly their electrical utilities for their failure to offer the choice to increase the percentage of energy that comes from renewable sources. A growing number are taking action to work with – or sometimes …


Missouri Oil And Gas Update, Nadia B. Ahmad Jan 2013

Missouri Oil And Gas Update, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

The State of Missouri has untapped potential for the development of oil and natural gas resources. While the Missouri courts were quiet this past year on interpreting oil and gas rules and regulations, the legislature was active in amending laws governing storage tanks. The state has experienced a tremendous upsurge in oil and gas production in the past two fiscal years. Missouri is poised to ramp up its conventional oil and gas production in the coming years, so increased legislative actions and court activity will likely occur in the near future. Missouri's energy resources include coal bed methane, oil sand, …


Brosius, 1 Killing Outside The Law: The Case Of Israel’S Policy Of Assassinating Iranian Nuclear Scientists, Robert Brosius Jan 2013

Brosius, 1 Killing Outside The Law: The Case Of Israel’S Policy Of Assassinating Iranian Nuclear Scientists, Robert Brosius

Student Works

No abstract provided.


Green Harms Of Green Projects, John Copeland Nagle Jan 2013

Green Harms Of Green Projects, John Copeland Nagle

Journal Articles

This article describes the recent development of renewable energy to examine environmental law’s three contrasting approaches to the green harms of green projects. Sometimes the law allows the green benefit regardless of the green harm. Sometimes the law prohibits the green harm regardless of the green benefit. And sometimes the law allows a balancing of all of the harms and benefits, green or not. Given these options, I argue that the law should not ignore or understate green harms even if they are caused by green projects. There are some types of green harms that no benefit can justify. But …


From Dirty To Green: Increasing Energy Efficiency And Renewable Energy In Environmental Justice Communities, Deborah Behles Jan 2013

From Dirty To Green: Increasing Energy Efficiency And Renewable Energy In Environmental Justice Communities, Deborah Behles

Villanova Law Review (1956 - )

No abstract provided.


Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann Jan 2013

Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann

Other Publications

Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable future for …


Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia Jan 2013

Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia

Articles

Hydraulic fracturing—also known as fracking—has become increasingly controversial in the United States over the past several years, especially in states such as Michigan with large shale gas deposits that were previously unextractable. In 2012, a Michigan fracking ban initiative failed to make it onto the November statewide ballot, but citizens groups are presently collecting signatures in an attempt to get the initiative onto the November 2014 ballot as an “initiated state statute.” And, more recently, state auctions of drilling permits have been the scenes of citizen protests driven by concerns about the potential environmental impacts of hydraulic fracturing.


Smart Regulation And Federalism For The Smart Grid, Joel B. Eisen Jan 2013

Smart Regulation And Federalism For The Smart Grid, Joel B. Eisen

Law Faculty Publications

This Article examines the “Smart Grid,” a set of concepts, technologies, and operating practices that may transform America’s electric grid as much as the Internet has done, redefining every aspect of electricity generation, distribution, and use. While the Smart Grid’s promise is great, this Article examines numerous key barriers to its development, including early stage resistance, a lack of incentives for consumers, and the adverse impacts of the federal-state tension in energy regulation. Overcoming these barriers requires both new technologies and transformative regulatory change, beginning with the development of a foundation of interoperability standards (rules of the road governing interactions …


State Wars - The Empire Strikes Back: The Federal/State Constitutional Power Confrontation, Steven Ferrey Jan 2013

State Wars - The Empire Strikes Back: The Federal/State Constitutional Power Confrontation, Steven Ferrey

Suffolk University Law School Faculty Works

A significant pending case will carve the contours of United States constitutional governance for the nation regarding our most important technology and its implementation and "will probably be determined by the U.S. Supreme Court.... 'These are the kind of issues that the Supreme Court likes. It's a federal preemption case; it's a landmark case.' " The attorney general concurs that he would "be surprised" if the case if not destined for the Supreme Court. This matter defines Constitutional federalism and the application of two important clauses of the United States Constitution: - The Constitution's Supremacy Clause, with specific application of …


Paving The Road Ahead: Autonomous Vehicles, Products Liability, And The Need For A New Approach, Kevin Funkhouser Jan 2013

Paving The Road Ahead: Autonomous Vehicles, Products Liability, And The Need For A New Approach, Kevin Funkhouser

Utah Law Review

Cars that drive themselves may seem about as realistic as Marty McFly’s DeLorean in Back to the Future, but this is far from the case. Autonomous technology is available and in use in many new vehicle models. In fact, in 2010 Google announced that the company had successfully built cars capable of driving themselves (“autonomous cars”). Even more amazing, at its 2010 announcement, Google also revealed its driverless cars (customized Toyota Prius models) had logged over 100,000 miles on public roads. As of early 2013, Google’s several autonomous vehicles have traveled over 300,000 miles, and have yet to cause a …


The Future Of Energy: The European And American Approaches -- The American Approach, Gina S. Warren Jan 2013

The Future Of Energy: The European And American Approaches -- The American Approach, Gina S. Warren

Faculty Scholarship

Presentation by Professor Gina S. Warren in which she provides an idea of the energy mix in the United States, where energy comes from, and what it is used for. Professor Warren then discusses U.S. energy policy and climate change proposals. She also covers numbers and indicators from an April 17, 2013 U.S. Department of Energy (“DOE”) report outlining projections in energy through 2040.