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Articles 121 - 150 of 174
Full-Text Articles in Energy and Utilities Law
Widening The Power Gap: The Eighth Circuit’S Stringent Requirements For Class Actions In Environmental Contamination Cases, Emily Holtzman
Widening The Power Gap: The Eighth Circuit’S Stringent Requirements For Class Actions In Environmental Contamination Cases, Emily Holtzman
Missouri Law Review
Pipeline construction is booming in the United States, yet it remains a polarizing topic for many because of environmental concerns. On the one hand, pipelines bring increased energy independence for the United States and are one of the safest ways to transport oil and gas.At the same time, fears of environmental damage have led to a growing and fierce opposition to pipeline construction. After the massive offshore rig spill in the Gulf of Mexico in 2010, resistance to new projects like the Keystone Pipeline has received widespread media coverage. The protests of the Dakota Access Pipeline on the Standing Rock …
Public Utilities And Environmental Justice: Electric Restructuring And Deregulation And Low-Income Communities, James W. Moeller
Public Utilities And Environmental Justice: Electric Restructuring And Deregulation And Low-Income Communities, James W. Moeller
University of the District of Columbia Law Review
Thirty years ago, Potomac Electric Power Company ("PEPCO") sold electric power generated by coal-burning power plants located in the Washington region. Today, PEPCO can sell electric power generated by coal-burning and nuclear power plants located in West Virginia, Pennsylvania,and Illinois. By importing electric power from those states, PEPCO can, in effect, export to those states the environmental impact of coal-burning and nuclear power plants that generate power for affluent PEPCO consumers in the District of Columbia and Maryland.This "outsourcing" of electric power generation was made possible by seismic changes in the structure of the electric utility industry wrought by Congress …
An Analysis Of United States Nuclear Power Plant Decommissioning Policy And The Public Participation Process, Alexis Stabulas
An Analysis Of United States Nuclear Power Plant Decommissioning Policy And The Public Participation Process, Alexis Stabulas
Sustainability and Social Justice
As the number of nuclear power plants slated for decommissioning increases, reflecting on the U.S. Nuclear Regulatory Commission’s (NRC’s) decommissioning regulations in relation to public participation becomes increasingly important. When plants close, communities lose security in economics, employment, and environmental and human health. The NRC’s regulations on public involvement are very limited and generally stakeholders do not feel supported in the decommissioning process. Local and tribal governments, citizen groups, the general public, and those directly affected have all found the NRC’s public involvement inadequate, ineffective, and infrequent. The case studies of two completely decommissioned plants, Maine Yankee and Big Rock …
Energy Exactions, Jim Rossi, Christopher Serkin
Energy Exactions, Jim Rossi, Christopher Serkin
Cornell Law Review
Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs of new infrastructure. Local governments commonly use them to address the burdens that growth places on schools, transportation, water, and sewers. But exactions almost never address energy needs, even though local land use decisions can create signficant externalities for the power grid and for energy resources. This Article proposes a novel reform to land use and energy law: "energy exactions"-understood as local fees or timing limits aimed at addressing the energy impacts of new residential or commercial development. Energy exactions …
Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks
Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks
Pace Environmental Law Review
Natural disasters and climate change have made it apparent that energy infrastructure needs to be modernized and microgrids are one type of technology that can help the electricity grid become more resilient, reliable, and efficient. Different states have begun developing microgrid pilot projects including California, New York, Connecticut, and Pennsylvania. The City of Pittsburgh, Pennsylvania is the first city to propose implementing “energy districts” of microgrids that will serve as critical infrastructure, in the first phase, and then expand to commercial and community settings. This large project involves many shareholders including public utilities, government agencies, and private entities. Utilizing microgrids …
Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder
Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder
Pace Environmental Law Review
Climate change is a reality. What happens climatically over the upcoming centuries is partially dependent on the comprehensiveness of a global response to curb emissions of greenhouse gases. However, within a century, forecasts predict a one-meter sea level rise that could have grave implications to our society: the loss of an incalculable extent of cultural heritage. This Article examines the threat climate change poses to physical cultural heritage, like archaeological sites and historic structures, and the current framework of law, regulation, and policy in the United States meant to protect these resources. This Article blends research and data from climate …
State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger
State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger
Pace Environmental Law Review
This Article explores the potential for state public nuisance claims to facilitate adaptation, resource protection, and other climate change responses by coastal communities in California. The California public nuisance actions represent just the latest chapter in efforts to spur responses to climate change and attribute responsibility for climate change through the common law. Part II of this Article describes the California public nuisance lawsuits and situates them in the context of common law actions directed against climate change. Part III considers the preliminary defenses that defendants have raised and could raise in the California public nuisance lawsuits, including the existence …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Local Content Policies In The Petroleum Industry: Lessons Learned, Eduardo G. Pereira, Christopher Mathews, Heike Trischmann
Local Content Policies In The Petroleum Industry: Lessons Learned, Eduardo G. Pereira, Christopher Mathews, Heike Trischmann
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Curative Pooling When The Validity Of An Oil And Gas Lease Is Challenged (Force Pooling The Top Lessee), Matt Allen
Curative Pooling When The Validity Of An Oil And Gas Lease Is Challenged (Force Pooling The Top Lessee), Matt Allen
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction, Collin Mccarthy
Editor's Introduction, Collin Mccarthy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Draining The Flooded Markets: Tariffs, Suniva & Solar Energy Investment, Michael A. Stroup
Draining The Flooded Markets: Tariffs, Suniva & Solar Energy Investment, Michael A. Stroup
Indiana Journal of Global Legal Studies
Demand for solar energy in the United States has increased significantly over the past half century. Despite the falling costs of solar infrastructure, the United States solar energy market is at a turning point. In 2017, two insolvent U.S. solar manufacturers, Suniva and SolarWorld America, successfully petitioned the International Trade Commission (ITC) to invoke Section 201 of the 1974 Trade Act. The two U.S. manufacturers argued that a surplus of imported Chinese solar panels has driven the cost of solar infrastructure too low and forced them out of the market. The ITC responded by recommending tariffs on global solar photovoltaic …
The Brave New World Of Energy And Natural Resources Development, Donald N. Zillman
The Brave New World Of Energy And Natural Resources Development, Donald N. Zillman
Faculty Publications
The world of energy and natural resources development has changed a great deal over the past 30 months, perhaps more so than in the preceding 30 years. Beginning with the June 2016 vote in the United Kingdom to leave the European Union and continuing through today, there are global signs of increasing emphasis on protecting national sovereignty and less on world efforts to address major environmental and energy issues. Admittedly, the United Nations-based effort to reduce greenhouse gas emissions continues to move forward. However, more than a few nations are hinting that they may not live up to their commitments …
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.
Solenex Llc V. Jewell, F. Aaron Rains
Solenex Llc V. Jewell, F. Aaron Rains
Public Land & Resources Law Review
In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the Secretary’s …
Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers
Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers
Public Land & Resources Law Review
The Sierra Club alleged Dominion violated the Clean Water Act by allowing arsenic to leak from coal ash storage pits into state waters. The Fourth Circuit Court of Appeals found for the polluter, using a narrow definition of point source. Additionally, the Fourth Circuit deferred to agency interpretation of the polluter’s permit to find no violation occurred.
The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer
The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer
Barry Law Review
No abstract provided.
Distributed Renewable Energy, K.K. Duvivier
Distributed Renewable Energy, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
For individuals, the heating and cooling of buildings is the second largest source of U.S. CO2 emissions after transportation. This chapter suggests pathways to help deploy the two most promising categories of U.S. distributed renewable energy resources to reduce these emissions—photovoltaic solar matched with storage and thermal sources for hot water and for heating and cooling buildings. Distributed generation is probably the energy source most impacted by different levels of government and nongovernmental actors. However, distributed generation is also most immediate to consumers, especially with new technologies or rate structures that give them feedback about their own individual generation and …
Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn
Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn
2020 Award Winners
No abstract provided.
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Public Land & Resources Law Review
No abstract provided.
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills
Public Land & Resources Law Review
No abstract provided.
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Public Land & Resources Law Review
No abstract provided.
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Public Land & Resources Law Review
Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …