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Articles 1 - 30 of 174
Full-Text Articles in Energy and Utilities Law
Case Law On American Indians August 2018-2019, Thomas P. Schlosser
Case Law On American Indians August 2018-2019, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States.
Affordable Renewables - Unjust And Unreasonable?, Grace Brosofsky
Affordable Renewables - Unjust And Unreasonable?, Grace Brosofsky
Cornell Law Review
The Federal Energy Regulatory Commission (FERC)-an independent agency tasked with ensuring 'just and reasonable" energy rates-has begun to use energy market payment systems to prop up fossil fuels. FERC has issued orders that prevent renewables from competing with fossil fuels by forcing renewables to bid into energy markets at artificially high rates. FERC has argued that state clean energy subsidies distort energy markets by "suppressing prices" and pushing "needed" fossil fuel generators out of the market. According to FERC, a federal intervention is necessary to protect "market integrity" and ensure that consumers can access reliable electricity.
This Note argues that …
Regulation And The New Politics Of (Energy) Market Entry, David B. Spence
Regulation And The New Politics Of (Energy) Market Entry, David B. Spence
Notre Dame Law Review
This Article examines the dynamics of nongovernmental organization (NGO) opposition to proposed energy infrastructure in the twenty-first century, specifically the tactics and issue arguments used by NGOs to oppose new energy infrastructure. The analysis is built around a data set comprising information more than four hundred NGOs whose missions include active opposition to one or more of nine different types of energy projects, including various types of fossil fuel infrastructure, renewable energy facilities, and smart grid technology.
Part I of this Article explains the legal context in which NGOs may challenge the approval of new energy projects. Siting regulation typically …
Using Skidmore To Dance Around The Chevron Two-Step: Sinclair Wyoming Ref. Co. V. Epa, 887 F.3d 986 (10th Cir. 2017), Aaron P.B. White
Using Skidmore To Dance Around The Chevron Two-Step: Sinclair Wyoming Ref. Co. V. Epa, 887 F.3d 986 (10th Cir. 2017), Aaron P.B. White
Mitchell Hamline Law Review
No abstract provided.
A Kafkaesque Process? Ferc Jurisdiction During Chapter 11 Bankruptcy, Richard E.B. Dornfeld, Cory J. Marsolek
A Kafkaesque Process? Ferc Jurisdiction During Chapter 11 Bankruptcy, Richard E.B. Dornfeld, Cory J. Marsolek
Mitchell Hamline Law Review
No abstract provided.
Transportation Electrification: An Examination Of The Utility's Role, Kate Kahlert
Transportation Electrification: An Examination Of The Utility's Role, Kate Kahlert
Mitchell Hamline Law Review
No abstract provided.
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Public Land & Resources Law Review
The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.
The Quiet Undoing: How Regional Electricity Market Reforms Threaten Clean Energy Goals, Shelley Welton, Danny Cullenward
The Quiet Undoing: How Regional Electricity Market Reforms Threaten Clean Energy Goals, Shelley Welton, Danny Cullenward
Faculty Publications
In a series of largely unnoticed but extremely consequential moves, two regional electricity market operators are pursuing reforms to make it more difficult for states to achieve their clean energy goals. The federal energy regulator, FERC, has already approved one such reform and ordered a second market operator to go farther in punishing state-supported clean energy resources than it had initially proposed. In this Essay, we bring to light the ways in which the intricate, technical reforms underway in regional electricity markets threaten state climate change objectives and the durability of FERC’s regional market constructs. If FERC allows private market …
Wildearth Guardians V. Zinke, Emily M. Mcculloch
Wildearth Guardians V. Zinke, Emily M. Mcculloch
Public Land & Resources Law Review
WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.
Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed
Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed
Public Land & Resources Law Review
In 2017, Secretary of the Interior Ryan Zinke issued a new order lifting the previous administration’s 2016 Jewell Order that had placed a moratorium on mineral leases until a programmatic EIS was completed. The new order repealed the moratorium, cancelled the programmatic EIS, and instructed the BLM to expedite new mineral lease applications. Several plaintiffs challenged Zinke’s order, and the United States District Court for the District of Montana ruled that it was a major federal action that triggered NEPA analysis and that the agency acted arbitrarily and capriciously when it issued the order without any environmental review.
Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson
Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson
Public Land & Resources Law Review
The Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees.
Measuring Brief (United States Of America), Kayla Race, Gordon Rowe, Sydney Sell
Measuring Brief (United States Of America), Kayla Race, Gordon Rowe, Sydney Sell
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Hexonglobal Corporation), Yliana Trevino-Hawkins, Andrea Reed, Sarah Surgeoner
Measuring Brief (Hexonglobal Corporation), Yliana Trevino-Hawkins, Andrea Reed, Sarah Surgeoner
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Organization Of Disappearing Island Nations, Apa Mana, And Noah Flood), Tess Pocock, Sheridan Schuessler
Measuring Brief (Organization Of Disappearing Island Nations, Apa Mana, And Noah Flood), Tess Pocock, Sheridan Schuessler
Pace Environmental Law Review Online Companion
No abstract provided.
2019 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2019 Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Empowered: Bringing Energy Efficiency Into Low-Income Homes, Elizabeth Beatty, Abbey Hawthorne
Empowered: Bringing Energy Efficiency Into Low-Income Homes, Elizabeth Beatty, Abbey Hawthorne
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Wyoming, John R. Chadd
Wyoming, John R. Chadd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia, Andrew Graham
West Virginia, Andrew Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia, Zachary H. Barrett
Virginia, Zachary H. Barrett
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah, Jim Tartaglia
Utah, Jim Tartaglia
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas, Don Hueske, Garrett Korbitz
Texas, Don Hueske, Garrett Korbitz
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tennessee, Westley A. Ketron
Tennessee, Westley A. Ketron
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Sovereign Lands, Brent D. Chicken, Amanda J. Dick
Sovereign Lands, Brent D. Chicken, Amanda J. Dick
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oklahoma, Matt Schlensker, Justin Fisher
Oklahoma, Matt Schlensker, Justin Fisher
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Ohio, Timothy M. Mckeen, Melissa S. Grimes
Ohio, Timothy M. Mckeen, Melissa S. Grimes
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
North Dakota, William J. Black
North Dakota, William J. Black
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.