Energy and Utilities Law Commons^™

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Nimby To Nope—Or Yess?, K.K. Duvivier, Thomas Witt

Sturm College of Law: Faculty Scholarship

On December 12, 2015, 195 governments around the world agreed to the COP21 commitments to combat climate change. Pivotal to the success of these goals is a shift from fossil-fuel energy generation to renewable resources. Wind power is one of the largest renewable energy generation sources in the United States and has the greatest potential for future development. While wind energy generation has enjoyed some of the most impressive gains in development of new capacity, reaching future goals will face more challenges. In addition to resource potential, wind development is also confined to locations that meet the sweet spot of …

Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Growing Pains: How The North Dakota Supreme Court’S Decision In Baha Petroleum Consulting Corp. V. Job Service North Dakota Fails To Set Precedent In The Booming Oil And Gas Industry, David W. Wilken

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

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

Fordham Urban Law Journal

No abstract provided.

Getches-Wilkinson Center Newsletter, Spring 2016, 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.

Pace Energy And Climate Center 2015 Annual Report, Pace Energy & Climate Center

Environmental Law Program Publications @ Haub Law

In 2015, Pace Energy and Climate Center continued a 27-year tradition of successfully advancing clean energy policies and solutions in communities across the State of New York and the Northeast region, across the United States, and around the world. As a unique organization that operates at the boundaries between law, policy, business, and regulation, we continue to bring innovative thinking, strong analysis, technological understanding, and stakeholder engagement to the vital climate and energy challenges facing us today.

We have been pleased to become a key player in the New York Public Service Commission’s Reforming the Energy Vision (“REV”) initiative. REV …

New Approaches To Energy Development In Indian Country: The Trust Relationship And Tribal Self-Determination At (Yet Another) Crossroads, Monte Mills

Faculty Journal Articles & Other Writings

Energy development in Indian country exists at the crossroads of tribal self-determination and the federal government's trust responsibility. This article reviews the foundations of this crossroads, describes recent developments, and analyzes pending proposals that may enhance both tribal sovereignty and energy development in Indian country.

Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

Executive Order 13211, promulgated in 2001, requires the federal government to consider the impact of federal action on energy independence as part of the George W. Bush’s National Energy Policy. This law review examines whether EO 13211 was used to curtail environmental protection and natural resource conservation. The article begins with a review of the procedure required of federal agencies under EO 13211 and its associated documents. The paper then examines case law and published federal rulemaking proceedings and examines how federal agencies apply tests to evaluate the potential energy effect. The study concludes that EO 13211 strikes a reasonable …

Assessing The Epa's Authority To Regulate Greenhouse Gas Emissions Under Clear Air Act Section 111(D) And The Clean Power Plan, Rick A. Waltman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Congress, Give Renewable Energy A Fair Fight: Passage Of The Master Limited Partnerships Parity Act Would Give Renewable Energy The Financial Footing Needed To Independently Succeed, David C. Magagna

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Federal Energy Regulatory Commission V. Electric Power Supply Association, Keatan J. Williams

Public Land & Resources Law Review

In a 6-2 opinion delivered by Justice Kagan, the United States Supreme Court upheld FERC Order No. 745, which regulates the prices that wholesale market operators pay for demand response bids. At issue in the case was whether this regulation exceeded FERC’s wholesale regulation authority under the Federal Power Act, thereby impinging on retail markets under state regulation, and whether the pricing regulations within the rule were chosen in an arbitrary and capricious manner. The Court held Order No. 745 withstood both challenges.

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 …

Electric Vehicles: Rolling Over Barriers And Merging With Regulation, Mark Detsky, Gabriella Stockmayer

William & Mary Environmental Law and Policy Review

Electric vehicles are merging into the mainstream of transportation. Although the technology still comprises a small fraction of the current market, it ismorewidely available due to competitivepricing, technological improvements, and available state and federal incentives. The benefits of electric vehicles include reduced fossil fuel emissions and associated climate change mitigation, new independence from oil-driven policies in foreignmarkets and international relations, and potential opportunities for increasing and complementing renewable energy electric resources. The risks of widespread electric vehicle deployment are largely thought to involve potential impacts on existingutility generation,distribution, and transmission systems and how the costs of any needed changes to …

Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer

Pace Environmental Law Review

The looming threats of climate change dominate global politics, national and economic security, science, and environmental policy. As such, global, national, regional, local, federal, and state strategies are being developed to slow and mitigate the devastating effects of a warming climate. One such strategy that is slowly being used on a global and national scale is geologic sequestration, where carbon dioxide (CO₂) is captured, compressed to a supercritical state, and injected underground for permanent removal from the atmosphere. At the same time, the Resource Conservation and Recovery Act (RCRA) regulates the transport, storage, and disposal of solid and …

Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson

Pace Environmental Law Review

This Article explores how the Clean Air Act’s (CAA) general duty clause can be utilized to prevent catastrophes such as the explosion in West, Texas.

Part II of this Article describes the dangers associated with ammonium nitrate. More specifically, it looks at prior accidents to understand the magnitude of these unanticipated explosions. Part III looks at our current approach to regulating ammonium nitrate fertilizer and the shortcomings of this regulatory regime. Part IV provides an overview of the CAA’s general duty clause. Furthermore, it describes how the general duty clause can be applied to ammonium nitrate fertilizer facilities and the …

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate …

Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

A Model Form Title Opinion: Time For A Revisit?, Paul Yale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

New Economics Of Oil, Spencer Dale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

2015 Eugene Kuntz Award Ceremony: Introductory Remarks, R. Clark Musser, Owen L. Anderson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Nuclear Stalemate: Indefinite Above-Ground Storage Is A Temporary, Albeit Safe Band-Aid For A Serious Wound, Steven D. Melzer

Notre Dame Law Review

This Note focuses on the validity and wisdom of the Nuclear Regulatory Commission’s approach: the September 2014 Rule and accompanying Generic Environmental Impact Statement (GEIS), as well as their combined potential to significantly alter the trajectory of spent fuel storage and disposal in the United States. Part I will explain the relevant history helpful to understand the political battles and legal issues surrounding spent fuel disposal and the Yucca Mountain project. Parts II and III will analyze the implications of the new Continued Storage Rule and why it likely satisfies all applicable statutory requirements and judicial orders. Part IV will …