Energy and Utilities Law Commons^™

Illinois, Joseph Negaard

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Colorado, Diana S. Prulhiere, David R. Little

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Arkansas, Andreah Riedel

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Alaska, Steven A. Rhodes, Zachary H. Barrett

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Piper Hampton

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos

Public Land & Resources Law Review

The Ute Indian Tribe of the Uintah & Ouray Reservation brought 16 claims against federal agencies and the State of Utah for alleged mismanagement of water resources held in trust and for alleged discrimination in water allocation. The United States District Court for the District of Columbia dismissed several of the claims as time-barred and others as lacking a proper statutory basis to create an enforceable trust duty. The remaining claims were transferred to the United States District Court of the District of Utah because the events occurred in Utah and most of the parties reside there.

Tightening The Legal ‘Net’: The Constitution’S Supremacy Clause Straddle Of The Power Divide, Steven Ferrey

Michigan Journal of Environmental & Administrative Law

This article analyzes Constitutional Supremacy Clause tensions in preempting state law that addresses climate change and the rapid warming of the Planet. Net metering laws, enacted in 80% of U.S. states, are a primary legal mechanism to control and mitigate climate warming. This article analyzes three recent federal court decisions creating a preemptive Supremacy Clause stand-off between federal and state law and presents a detailed state-by-state analysis of which those 80% of states’ laws could be preempted by legal challenge.

If state net metering laws affected only ordinary technologies, this issue would not be front and center with global warming. …

Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman

Washington Law Review

This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities’ role in decarbonization. To those focused on rapid build-out of renewable energy infrastructure, communities are a potential threat who could slow or derail renewable energy projects through opposition during the regulatory process. To those focused on leveraging the transition to clean energy to advance racial and economic justice, communities are necessary partners in the key decisions …

The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann

Faculty Scholarship

Capital markets are cast as both villain and hero in the climate playbill. The trillions of dollars required to combat climate change leave ample room for heroics from the financial sector. For the time being, however, capital continues to flow readily toward fossil fuels and other carbon-intensive industries. Drawing on the results of an empirical study, this Article posits that ratings of corporate climate risk and governance can help overcome pervasive information asymmetries and nudge investors toward more climate-conscious investment choices with welfare-enhancing effects.

In the absence of a meaningful price on carbon, three private ordering initiatives are trying to …

Bahr V. Regan, Aspen B. Ward

Public Land & Resources Law Review

In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …

Deep In The Heart Of North America: Texas And The Future Of North American Energy Trade, Guillermo J. Garcia Sanchez, James W. Coleman

Mission Foods Texas-Mexico Center Research

Texas, the heart of North American energy markets, has recently emerged from history’s biggest oil boom, and is becoming the crossroads for an increasingly two-way trade in oil and gas. Texas and Mexico, in particular have much to gain from expanded energy trade. This report shows how energy law changes in the U.S. and Mexico present under-studied dangers to cross-border energy trade and will set an agenda for legal reform to enable mutually beneficial fuel and power trade.

Path Towards Energy Sustainability: Amultidimensional Analysis Of Energypoverty In Philippine Households, Anna Katrina R. Ignacio, Maria Sofia Lei P. Puncia, Arlene B. Inocencio, Marites Tiongco, Mitzie Irene P. Conchada, Alellie B. Sobreviñas, Rens Adrian T. Calub

Angelo King Institute for Economic and Business Studies (AKI)

Measuring energy poverty to meet one’s basic needs is vital for household assessments concerning accessibility of energy, affordability of energy prices, usage of energy resources, and sufficiency of energy consumption. In this Policy Brief, we have listed recommendations and rationale to improve the energy conditions of Philippine households.

Decarbonization Pathways For Paraguay’S Energy Sector, Columbia Center On Sustainable Investment, Quadracci Sustainable Engineering Lab, Centro De Recursos Naturales, Energía Y Desarrollo (Crece)

Columbia Center on Sustainable Investment Staff Publications

In light of the upcoming renegotiation of Annex C of the Treaty of Itaipú, the Ministry of Finance of Paraguay asked Professor Jeffrey Sachs and his team to revisit the 2013 report, with support from the Development Bank of Latin America (Banco de Desarrollo de América Latina [CAF]) and in partnership with the Sustainable Development Solutions Network (SDSN).

CCSI, the Quadracci Sustainable Engineering Lab at Columbia University, and the Centro de Recursos Naturales, Energía y Desarrollo (CRECE) authored the report Decarbonization Pathways for Paraguay’s Energy Sector, published by CCSI in November 2021.

The report – available in English …

Regulating New Fossil-Fuel Appliances Under Section 111(B) Of The Clean Air Act, Jack Lienke, Rachel Rothschild, Henry Engelstein, Nardos Girma

Other Publications

The majority of residential and commercial buildings use appliances powered with fossil fuels for space and/or water heating. Collectively, these appliances—most of which run on natural gas—emit substantial quantities of a variety of harmful air pollutants, including particulate matter, nitrogen oxides (“NOx”), and carbon dioxide. Fossil-fuel appliances in the U.S. emitted over 425,000 tons of NOx in 2017—almost three times the amount attributable to gas-fired power plants in that year. And fossil-fuel combustion in residential and commercial buildings accounted for almost 10% of the nation’s greenhouse gas emissions in 2019—only slightly less than gas power plants. Yet while the U.S. …

Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell

Environmental and Earth Law Journal (EELJ)

The U.S. Environmental Protection Agency (EPA) and the Department of Justice are tasked with the investigation and prosecution of hazardous waste crimes occurring under the U.S. Resource Conservation and Recovery Act (RCRA). For criminal sanctions to be effective, the probability of detection and severity of punishment must be significant enough to raise the cost to benefit ratio to deter environmental crimes. While research examines sanctioning under RCRA, little work examines the plausibility of the deterrent effect of criminal sanctions. Through content analysis of all environmental crime prosecutions resulting from EPA criminal investigations, 1983-2019, we explore the probability of detection and …

Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello

Environmental and Earth Law Journal (EELJ)

Fish and the fishing industry are one of the main sources of food protein and commerce in many areas of the world, whether it be from traditional and artisanal fishing practiced in Somalia and other undeveloped countries or large scale international commercial fishing from rich and industrialized nations. The world’s oceans are currently being plagued by overfishing both from legally authorized activities and Illegal, Unreported, and Unregulated Fishing. The purpose of this paper is to examine the problems plaguing the world’s fisheries with an eye towards the environmental damage and economic harm that stem from it. It is also to …

The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico

Environmental and Earth Law Journal (EELJ)

This note assessed how animal care organizations and the animals in their care were impacted, negatively and positively, by the coronavirus pandemic. Several animal care organizations in the United States–including animal shelters, rescues, sanctuaries, and zoos–were contacted directly, and invited to share their experiences from the COVID-19 pandemic in 2020. They provided valuable in-depth insight into how government shutdowns and social distancing impacted their facility; if any of the animals in their care tested positive for COVID-19; how the animals in their care were affected indirectly by COVID-19; if they sought and received any government assistance to keep them operational; …

Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele

Environmental and Earth Law Journal (EELJ)

Alkaline hydrolysis is an eco-friendly cremation alternative that uses water, a gentle chemical solution, and heat to break down bodies instead of fire. It has a carbon footprint that is 75% less than that of standard cremation and eliminates the possibility of soil and groundwater pollution created by traditional burials. The problem is that it is illegal and unavailable to citizens in at least 31 states. This comment examines the history, process, and legality of alkaline hydrolysis while proposing the rapid federal or mass state legalization of the method as a solution to many of the problems the death care …

Held V. State, Alec D. Skuntz

Public Land & Resources Law Review

On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …

Offshore Wind Development In The Great Lakes: Accessing Untapped Energy Potential Through International And Interstate Agreement To Overcome Public Trust Concerns, Jordan Farrell

Northwestern Journal of International Law & Business

Offshore wind energy development in the Great Lakes presents an immense opportunity for distributed generation of renewable energy; however, this potential has thus far remained untapped. One significant barrier to why there has not yet been such wind energy development in the Great Lakes is the public trust doctrine. This doctrine generally stands for the principle that a state cannot convey its submerged lands to a private party. However, there remains much legal uncertainty with regards to the doctrine. Courts and scholars have struggled to determine with any certainty the origins and grounding of the doctrine and the limits it …

When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli

Dickinson Law Review (2017-Present)

The consumption of oil pervades everyday life in America. The network of pipelines transporting oil from field to consumer is largely invisible. Until a major news event bursts pipelines onto headlines, this indispensable and invisible system fuels the country without fanfare. At the same time, concern over global climate change has made new large-scale projects for fossil fuel extraction and consumption highly controversial. The Keystone XL (“KXL”) pipeline was originally designed to transport crude oil extracted from oil sands in Canada to the Gulf of Mexico for international export. After more than a decade of false starts, the project currently …

Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour

Public Land & Resources Law Review

The Montana Supreme Court held in 2020 that loopholes in the Montana Environmental Procedure Act ("MEPA") review process violate Montana's constitutional right to a clean and healthful environment. The holding sets a strong precedent requiring statutory protections to prevent harm to the environment before it occurs.

Identifying Barriers In Usda Programs And Services; Advancing Racial Justice And Equity And Support For Underserved Communities At Usda, Anne Castle, Heather Tanana, Bidtah Becker, Chelsea Colwyn, Jaime Garcia, Ana Olaya

Utah Law Faculty Scholarship

On July 19, 2021, the U.S. Department of Agriculture (USDA) published a notice in the Federal Register seeking input from the public on how USDA can advance racial justice and equity for underserved communities as part of its implementation of Executive Order 13985. This letter responds to the agency’s request. The United States Department of Agriculture (USDA) provides a number of programs that could improve access to clean drinking water for Tribes. While these programs have improved conditions for some tribes, several barriers exist which prevent Tribes from fully realizing the benefits of these programs. Our comments recommend: (1) removing …

Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert

Public Land & Resources Law Review

The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …

The Role Of International Law In The Food–Energy–Water Nexus, Waseem Ahmad Qureshi

Buffalo Environmental Law Journal

The current relationship of water, food, and energy is deeply entangled as it functions within different sectors, such as industry and agriculture, the latter of which water is essential for irrigating crops. Similarly, adequate water storage facilities are also required for hydroelectricity generation. Moreover, in many regions, electrical energy is used to operate tube wells for extracting groundwater to irrigate crops for food. Within the intricate nature of the mutual relationship of water, energy, and food, each plays its role in ensuring the security of the others. For instance, both energy security and food security are dependent upon water security, …

The State Of The Oil And Natural Gas Industry In Oklahoma: The Oil And Gas Industry Moving Forward Post Mcgirt/Murphy, Kallen Burton Snodgrass

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Purpa: Bastion, Bridge, Or Bygone? Constitutional And Consumer-Generator Considerations, Lauren Watson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Stop Pushing People Into The Pool: How Oklahoma’S Forced Pooling Laws Can Better Resemble An Open Market, Kale Hajek

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Finding Our New Normal: Reevaluating Force Majeure Within Oil And Gas Contracts In The Wake Of Covid-19, Piper Hampton

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Birds, The Bees, And Equitable Relief: Limitations And Restrictions On Judicial Relief Under Nepa, Through The Lens Of Lakes And Parks All. Of Minneapolis V. Fed. Transit Admin., 928 F.3d 759 (8th Cir. 2019), Wesley B. Hazen

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.