Energy and Utilities Law Commons^™

My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson

Public Land & Resources Law Review

No abstract provided.

The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell

Public Land & Resources Law Review

No abstract provided.

Alice Creek, Dolores Colburg

Public Land & Resources Law Review

No abstract provided.

Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden

Public Land & Resources Law Review

No abstract provided.

Author Biographies

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter From The Editor

Public Land & Resources Law Review

No abstract provided.

Plrlr Editors And Staff

Public Land & Resources Law Review

No abstract provided.

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Host Granting Instrument Models: Why Do They Matter And For Whom, Eduardo Guedes Pereira, Cătălin-Gabriel Stănescu, Wan Mohd Zulhafiz, Felipe Rodrigues Caldas Feres, Waniss Almashri Otman, Yanal Abul Failat, Aaron Koenck

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Necessity Or Overreach? Weighing The Costs And Benefits Of State Law Interpretation In Oil And Gas Bankruptcy Cases, Laura N. Coordes

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Jake Ware

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Coal Shines A Light On The Need For A Just Energy Transition In The United States, Patrick R. Baker, Blake Tims

Buffalo Environmental Law Journal

No abstract provided.

A Bridge To Nowhere? Our Energy Transition And The Natural Gas Pipeline Wars, Sam Kalen

Michigan Journal of Environmental & Administrative Law

This article chronicles how natural gas has replaced coal as today’s energy dilemma. The pipeline wars illustrate landowners’ concern with special treatment for industry seeking to condemn lands, while some states and the public object to the Federal Energy Regulatory Commission’s (FERC or Commission) approach to approving new pipeline projects, or the Commission’s assessment of GHG emissions associated with project development.

Part II examines the pipeline wars in their historical context, portraying the rise of natural gas regulation, its increasing dominance as a fuel source, its associated environmental consequences, and the marked differences in how the Obama and Trump administrations …

State Vehicle Electrification Mandates And Federal Preemption, Matthew N. Metz, Janelle London

Michigan Journal of Environmental & Administrative Law

By requiring that new vehicles sold after a certain date be electric, states can lower drivers’ vehicle operating costs, boost local employment, and lower electric rates. But there’s a widespread perception that states can’t take advantage of these opportunities because a state vehicle electrification mandate would be preempted by federal law.

Not so.

While the Federal Clean Air Act (CAA) prohibits state regulations “relating to” the control of emissions in motor vehicles, and the Federal Energy Policy and Conservation Act (EPCA) prohibits state regulations “related to” fuel economy standards, there is a strong rationale for federal courts to reject preemption …

A Road Paved With Good Intentions?: Ferc’S Illegal War On State Electricity Subsidies, Todd S. Aagaard, Andrew N. Kleit

Faculty Publications

Most initial reviews of FERC’s order have offered scathing criticism of its negative policy consequences. Our critique adds two perspectives not represented thus far in the reaction to FERC’s order. First, we explain how the FERC majority got to the point where it felt compelled to take action against state subsidies and why that judgment, although understandable in some respects, is misguided. FERC’s action follows logically from a flawed policy adopted by a Democratic-majority Commission in 2011. Second, we explain why FERC’s order fails to create a mechanism for a just and reasonable price and violates both the Administrative Procedure …

Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters

Faculty Scholarship

No abstract provided.

Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung

Journal of the National Association of Administrative Law Judiciary

Many public utility commissions were originally created to regulate railroad companies. However, during the transition to the modern era their reach was greatly expanded to encompass the host of now regulated public industries. In more recent times, the role of the public utility commission has further expanded beyond regulation of specific industries to become tools to implement various policy goals and attitudes towards respective industries. Part II of this paper will seek to address different issues that may be encountered by the modern public utility commission. Part III of this paper seeks to present the concept of incentive regulation, which …

Financing Our Future’S Health: Why The United States Must Establish Mandatory Climate-Related Financial Disclosure Requirements Aligned With The Tcfd Recommendations, Colin Myers

Pace Environmental Law Review

No abstract provided.

All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards

Pace Environmental Law Review

No abstract provided.

Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler

Pace Environmental Law Review

The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …

Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip

Pace Environmental Law Review

The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply …

Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte

Public Land & Resources Law Review

Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Contractual Interpretations, Ambiguities, And Litigation Difficulties Presented In The Context Of Oil And Gas Leases As A Result Of The Texas Supreme Court’S Decision In Murphy Exploration & Prod. Co.-Usa V. Adams, 560 S.W.3d 105 (Tex. 2018), Jake B. Ware

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Can You Dig It? A Note On The U.S. Supreme Court’S Atomic Energy Act Preemption Decision In Virginia Uranium, Inc. V. Warren, John Shelden

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Balkanization In Oil And Gas: How Home Rule Constitutional Provisions Disrupt State Law, Dan Ray

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Identifying The Pillars Of A Pro-Solar Energy Policy: A Multi-State Survey Of Distributed Solar Energy Generation Laws, Samuel Moore

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Budding Marijuana Industry Meets Climate & Environmental Crisis: A Call To Legislative Action, Spencer Gill

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Parker Drilling Mgmt. Servs., Ltd. V. Newton: Drilling Down On The Law Of The Outer Continental Shelf, William Dakil

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.