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Energy and Utilities Law Commons

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2016

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Articles 151 - 156 of 156

Full-Text Articles in Energy and Utilities Law

The Regulatory Contract In The Marketplace, Emily Hammond, David B. Spence Jan 2016

The Regulatory Contract In The Marketplace, Emily Hammond, David B. Spence

Vanderbilt Law Review

For decades, energy policy has struggled to reconcile two distinct visions for the future: the first seeks ever-more-competitive, efficient, and dynamic electricity markets, while the second seeks an ever-greener mix of electricity generation sources. Caught within this push-and-pull dynamic is the regulatory contract--a nineteenth-century concept that stands more for ordered regulation than competitive markets. This Article examines how piecemeal pursuit of two energy visions has produced mismatches between rapidly evolving markets and governance institutions that cannot change as quickly. To better evaluate these mismatches, the Article develops a framework that accounts not just for market operation and environmental externalities, but …


Coalbed Methane Development In Wyoming And Montana: The Potential Impacts Of Montana V. Wyoming, Coalbed Methane Development, And Water Quality On The Tribes Of The Powder River And Wind River Basins, Mallory J. Irwinsky Jan 2016

Coalbed Methane Development In Wyoming And Montana: The Potential Impacts Of Montana V. Wyoming, Coalbed Methane Development, And Water Quality On The Tribes Of The Powder River And Wind River Basins, Mallory J. Irwinsky

American Indian Law Review

No abstract provided.


The Bureau Of Land Management's Finalized Hydraulic Fracturing Rule On Tribal Lands: A Responsibility Or Intrusion?, Kerstie B. Moran Jan 2016

The Bureau Of Land Management's Finalized Hydraulic Fracturing Rule On Tribal Lands: A Responsibility Or Intrusion?, Kerstie B. Moran

American Indian Law Review

No abstract provided.


Lessons Learned: Avoiding The Hardships Of Tribal Mineral Leasing In The Development Of Oklahoma Tribal Wind Energy, Wyatt Swinford Jan 2016

Lessons Learned: Avoiding The Hardships Of Tribal Mineral Leasing In The Development Of Oklahoma Tribal Wind Energy, Wyatt Swinford

American Indian Law Review

No abstract provided.


When A State Does The "Circuit": State Administrative Discretion At The Jurisdictional Precipice, Steven Ferrey Jan 2016

When A State Does The "Circuit": State Administrative Discretion At The Jurisdictional Precipice, Steven Ferrey

Suffolk University Law School Faculty Works

California raised its renewable energy requirement, already the most ambitious of all the contiguous 48 states, to require 50% of all electric power generated by 2030 to be generated from renewable energy. This now is the most aggressive renewable energy standard of any major economy in the world. California's low carbon fuel standard, eventually upheld by the Ninth Circuit with a dissent, appears to be disconnected with the last half century of Supreme Court Commerce Clause jurisprudence. After this decision, as noted by a member of the Ninth Circuit, California may now be given free license to impose carbon tariffs …


The Energy Prosumer, Sharon B. Jacobs Jan 2016

The Energy Prosumer, Sharon B. Jacobs

Publications

Decentralization is becoming a dominant trend in many industries, and the electricity industry is no exception. Increasing numbers of energy consumers generate their own electricity and/or provide essential grid services such as storage, efficiency, and demand response. This Article offers a positive account of the emergence of these new energy actors, which it calls "energy prosumers. " It then frames several doctrinal and procedural puzzles that prosumers create, including jurisdictional puzzles, distributional concerns, and democratic challenges. Ultimately, it concludes that prosumers can be a positive disruptive force in the electricity industry if courts and regulators can manage these challenges effectively. …