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Energy and Utilities Law Commons

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2013

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Articles 91 - 120 of 141

Full-Text Articles in Energy and Utilities Law

Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller Mar 2013

Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Table Of Contents Mar 2013

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson Mar 2013

Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson

Washington and Lee Journal of Energy, Climate, and the Environment

Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …


Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis Mar 2013

Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley Mar 2013

Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley

Washington and Lee Journal of Energy, Climate, and the Environment

The mining claim patent process was much less rigorous in the early days of mining when nearly anyone willing to expend the $500 on “patent improvements,” pay for a mineral survey, and pay the statutory purchase price could patent a mining claim very easily. Over time, the United States government has grown increasingly reluctant to patent mining claims and to allow mining activities to occur on unpatented federal public domain lands. The U.S. government argues that its reluctance to allow mining is simply an environmental concern. However, the U.S. tightening of private mining upon federal lands also coincides with a …


Masthead And Front Matter Mar 2013

Masthead And Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao Mar 2013

Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao

William & Mary Environmental Law and Policy Review

In the year following the Fukushima nuclear disaster in March 2011, the renewable and clean energy industries faced significant turmoil— from natural disasters, to political maelstroms, from the Great Recession, to U.S. debt ceiling debates. The Department of Energy’s Loan Guarantee Program (“DOE LGP”), often a target since before it ever received a dollar of appropriations, has been both blamed and defended in the wake of the bankruptcy filing of Solyndra, a California-based solar panel manufacturer, in September 2011, because of the $535 million loan guarantee made to it by the Department of Energy (“DOE”) in 2009. Critics have suggested …


Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno Mar 2013

Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno

Suffolk University Law School Faculty Works

This note provides an introduction to the issues surrounding the design of Power Purchase Agreement's (PPAs). Programs to attract investment in small-scale electricity generation, often powered by renewable energy sources, have become increasingly common in the developing world as governments seek to both expand access to electricity and improve sustainability. A valuable tool for such programs is a well-crafted, standardized power purchase agreement, which can reduce transaction costs for generators and government agencies alike and substantially improve the economics of small generation facilities. This note discusses key considerations in designing a standardized agreement for a small power producer program. The …


David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer Feb 2013

David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer

Pace Environmental Law Review Online Companion

No abstract provided.


Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup Feb 2013

Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup

Pepperdine Law Review

This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.


Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz Feb 2013

Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz

Pepperdine Law Review

No abstract provided.


Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz Feb 2013

Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz

Pepperdine Law Review

In Malibu, California, on November 15, 1980, Pepperdine University School of Law hosted a symposium which focused on energy decision-making and the attorney's role in the energy regulatory process. A cross section of viewpoints was represented including: officers from the utility companies; personnel from federal and state regulatory agencies; landowners from the proposed siting area; and others who play an important role in deciding whether and how to bring LNG to California. The Symposium provided a forum for a panel discussion of the siting process. Western Liquefied Natural Gas's attempt to bring liquefied natural gas to Southern California was used …


The ‘Value Of Solar’ Rate: Designing An Improved Residential Solar Tariff, Karl R. Rábago Feb 2013

The ‘Value Of Solar’ Rate: Designing An Improved Residential Solar Tariff, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

The most commonly adopted rate treatment for residential solar systems connected to the grid is net metering, or, as it is also known, net energy metering. The first net metering tariff was adopted in 1983, and the approach is part of utility policy in over 40 states in the U.S.


The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones Jan 2013

The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones

Pepperdine Law Review

An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.


Dynamic Energy Federalism, Hannah J. Wiseman, Hari M. Osofsky Jan 2013

Dynamic Energy Federalism, Hannah J. Wiseman, Hari M. Osofsky

Scholarly Publications

United States energy law and the scholarship analyzing it are deeply fragmented. Each source of energy has a distinct legal regime, and limited federal regulation in some areas has resulted in divergent state and local approaches to regulation. Much of the existing energy law literature reflects these substantive and structural divisions, and focuses on particular aspects of the energy system and associated federalism disputes. However, in order to meet modern energy challenges—such as reducing risks from deepwater drilling and hydraulic fracturing, maintaining the reliability of the electricity grid in this period of rapid technological change, and producing cleaner energy—we need …


Urban Energy, Hannah J. Wiseman Jan 2013

Urban Energy, Hannah J. Wiseman

Scholarly Publications

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 …


Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jan 2013

Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Shale Gas And Clean Energy Policy, Joseph P. Tomain Jan 2013

Shale Gas And Clean Energy Policy, Joseph P. Tomain

Faculty Articles and Other Publications

If we look behind the numbers on energy consumption, how much of that declining consumption is attributable to increases in energy efficiency and how much is attributable to a poor economy? If we look more closely at shale gas production, particularly when we consider hydraulic fracturing, what environmental costs are associated with developing this domestic resource? And, from a broader perspective, what role should natural gas, including shale gas, play in the country's clean energy future? Will we continue to favor fossil-fuel incumbents at the expense of new entrants in renewable resources and energy efficiency? This Article will address these …


A New Crop For Agricultural Land: The Renewable Energy Mandate And Its Potential To Turn Farm Lands Into Energy Fields, Amy Odens Jan 2013

A New Crop For Agricultural Land: The Renewable Energy Mandate And Its Potential To Turn Farm Lands Into Energy Fields, Amy Odens

McGeorge Law Review

No abstract provided.


A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline, Daniel Hare Jan 2013

A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline, Daniel Hare

Buffalo Environmental Law Journal

In this paper I propose an original policy solution to the complicated issue of permitting and regulatory review for cross-border natural resource projects to allow for a smoother quicker approval process for certain types of projects. I have specifically designed this new procedure so as to focus on political compromise and minimize political partisanship, while instead concentrating on achieving results. By modi ing the current regulatory standard to a more streamlined model, deserving cross-border natural resource projects can swiftly gain approval, yet environmental, economic, foreign policy, national securit), and other significant concerns will still receive the attention and thorough evaluation …


Navigating The Fcpa's Ambiguous "Instrumentality" Provision: Lesons For The Energy Industry, Clinton R. Long Jan 2013

Navigating The Fcpa's Ambiguous "Instrumentality" Provision: Lesons For The Energy Industry, Clinton R. Long

Richmond Journal of Global Law & Business

No abstract provided.


Shale Revolution Or Evolution: Opportunities And Challenges For Europe, Owen L. Anderson Jan 2013

Shale Revolution Or Evolution: Opportunities And Challenges For Europe, Owen L. Anderson

Global Business Law Review

Will European shale gas be developed as rapidly as it has in the United States? If one considers that shale gas took about 30 years to develop from an experimental demonstration into a fast developing commercial enterprise, it should not take that long in Europe. Indeed, the United Kingdom, after lifting its moratorium on hydraulic fracturing, appears to be moving quite rapidly. Poland is actively promoting shale gas but so far without economic production. On the other hand, if one considers how rapidly shale gas has expanded in the United States since 2003 and how rapidly investment in shale gas …


Some Legal Impacts Of The Emerging International Climate Change Regime On Energy Prices, James E. Hickey Jr. Jan 2013

Some Legal Impacts Of The Emerging International Climate Change Regime On Energy Prices, James E. Hickey Jr.

Global Business Law Review

From the beginning of scientific assessment of climate change in the late 1970’s to the most recent conference of the parties (COP) to the Kyoto Protocol in Doha in 2012 , the international community has been attempting to establish a workable legal regime to deal with climate change. The purpose of this article is to explore some of the legal effects this emerging international climate change regime may have on energy prices in the foreseeable future. Specifically, this article in section II article accepts certain predicates relating to climate change and energy prices. In section III, it lays out briefly …


"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad Jan 2013

"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …


The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad Jan 2013

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

Soaring energy demands and increasing technological innovation have led to the rapid exploitation of offshore oil and gas exploration and development. This Article seeks to examine elements of risk preparedness and corporate social responsibility in the context of the underwater natural gas pipeline in the Eastern Caribbean and the exploration of Florida's potential offshore energy reserves. I discuss these two case studies to illustrate the prevalence of emerging regional energy corridors in previously unfathomable tropical and subtropical locales known for tourism-intensive commercial activity. While images of environmental degradation of the 2010 BP oil spill remain entrenched in the collective consciousness, …


Energy And Environmental Law, Joel B. Eisen Jan 2013

Energy And Environmental Law, Joel B. Eisen

Law Faculty Publications

This chapter covers energy law, which focuses on the production, distribution, conservation, and development of energy resources. State and federal energy laws and regulations are designed to keep prices to consumers down (particularly in certain energy industries which state and federal governments monitor to keep markets as competitive as possible) and to address economic, environmental, and national security issues.


Energy Subsidies And The World Trade Organization, Timothy Meyer Jan 2013

Energy Subsidies And The World Trade Organization, Timothy Meyer

Faculty Scholarship

In recent months the World Trade Organization (WTO) has seen increasing conflict over the rules for government support of the energy sector. Government subsidies for particular forms of energy have long influenced producers’ investment choices and consumers’ consumption patterns in ways that affect both international trade and the environment. Trade and environmental lawyers have thus closely watched the WTO’s efforts to develop rules on government support for the energy sector. This Insight outlines recent activity in the WTO on subsidies for both traditional fossil fuels and the renewable energy sector. It also discusses the difficulties posed by the increased application …


The Impact Of Shale Development On International And Domestic Oil And Gas Contracts, Andrew R. Thomas Jan 2013

The Impact Of Shale Development On International And Domestic Oil And Gas Contracts, Andrew R. Thomas

Global Business Law Review

In new oil and gas provinces, such as Ohio, Pennsylvania or Ukraine, learning oil and gas customs can be a hard lesson for those trying to break into the industry as service providers. They need to get up to speed quickly on customs, form agreements, and applicable laws. But unconventional oil and gas recovery will also lead eventually to unconventional agreements. In this regard, the nascent upstream service industry in new shale provinces are not so far behind - there is reason to be to be optimistic that oil and gas companies will be rethinking how they transact business as …


Nuclear Intentions And Implied Preemption: How Energy Nuclear Vermont Yankee, Llc V. Shumlin Gives Indian Point A Fighting Chance To Stay In Business, Zachary Mason Jan 2013

Nuclear Intentions And Implied Preemption: How Energy Nuclear Vermont Yankee, Llc V. Shumlin Gives Indian Point A Fighting Chance To Stay In Business, Zachary Mason

American University Business Law Review

No abstract provided.


Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman Jan 2013

Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman

Maryland Law Review

No abstract provided.