Energy and Utilities Law Commons^™

Consentimiento Libre, Previo E Informado: Implicaciones Para Las Empresas Transnacionales, Tendai Zvobgo

Sustainable Development Law & Policy

No abstract provided.

Financiamiento Musulmán Como Un Mecanismo Para Reforzar La Seguridad Alimentaria En El Medio Oriente: Seguridad Alimentaria Waqf, Hdeel Abdelhady

Sustainable Development Law & Policy

No abstract provided.

El Débil Proceso De Planificatión Frustra La Protección De La Amenazda Línea Costera De Puerto Rico, Mark Borak

Sustainable Development Law & Policy

No abstract provided.

Una Norma Legal Por La Reforma Agraria Poscolonial, Amelia Chizwala Peterson

Sustainable Development Law & Policy

No abstract provided.

Colaboración Y La Ecologia De La Democracia, Daniel Kemmis, Matthew Mckinney

Sustainable Development Law & Policy

No abstract provided.

Crisis Del Agua En La Cuenca De Murray-Darling: Australia Intenta Equilibrar La Necesidad Agricola Con La Realidad Ambiental, Joshua Axelrod

Sustainable Development Law & Policy

No abstract provided.

Los Recursos Naturales De Alto Valor: ¿Una Bendición O Una Maldición Para La Paz?, Päivi Lujala, Siri Aas Rustad

Sustainable Development Law & Policy

No abstract provided.

Dejarles En Bancarrota A Los Saqueadores De Paz: ¿Cuál Es El Rol De Las Fuerzas De Paz De La Onu?, Philippe Le Billon

Sustainable Development Law & Policy

No abstract provided.

Nota Del Los Editores, Veronica Kennedy, Jocelyn Rivera

Sustainable Development Law & Policy

No abstract provided.

Faculty Profiles, David Newman

Sustainable Development Law & Policy

No abstract provided.

Coral Reefs In The Philippines, Maggie Parks

Sustainable Development Law & Policy

No abstract provided.

Practitioner's Corner: Ken Markowitz On Serving As An Environmental Advocate, Kimberly Righter

Sustainable Development Law & Policy

No abstract provided.

2001 Supreme Court Redux, Mary Stevens

Sustainable Development Law & Policy

No abstract provided.

Next Verse, Same As The First: Inadequacies In The Government's Legal Approach Toward Biotechnology, Kimberly Righter

Sustainable Development Law & Policy

No abstract provided.

Implementing Kyoto, Glenn Wiser

Sustainable Development Law & Policy

No abstract provided.

Preparing For The Aftermath Of Drilling On Arctic Lands, Barrett Ristroph, Martin Robards

LSU Journal of Energy Law and Resources

No abstract provided.

Overcoming Legal And Institutional Barriers To The Implementation Of Innovative Environmental Technologies, David Strifling, Walter Mcdonald, Hannah Hathaway, Joe Naughton

Notre Dame Journal on Emerging Technologies

This paper examines the possible reasons that stormwater management system operators (typically municipalities) have generally been reluctant to adopt RTC technology.

Our interdisciplinary team of law faculty, engineering faculty, and graduate students from both disciplines studied dozens of examples involving RTC implementation in the United States and abroad. We also examined the literature detailing institutional barriers to RTC innovation. Finally, we reviewed numerous legal decisions related to municipal liability for stormwater management (or mismanagement).

From this foundation, we distilled several institutional and legal barriers that prevent municipalities from embracing this particular type of innovation. The paper suggests a variety of …

The Dormant Commerce Clause And State Clean Energy Legislation, Kevin Todd

Michigan Journal of Environmental & Administrative Law

This Note analyzes recent litigation concerning the constitutionality of state renewable portfolio standards (RPSs) and similar environmental legislation designed to promote clean energy. It begins with a discussion of the current state of both federal and state responses to climate change. From there, it analyzes several legal challenges to state RPSs and other climate-related laws that focus on potential violations of the dormant Commerce Clause. It concludes with a brief exploration of how these cases fit the history and purpose of the dormant Commerce Clause. The Note argues that a narrow view of the doctrine is consistent with the purpose …

Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria

Michigan Journal of Environmental & Administrative Law

This paper examines, enunciates, and makes explicit a set of market principles historically relied upon by the Federal Energy Regulatory Commission (FERC) to regulate wholesale electricity markets as required under the Federal Power Act (FPA). These identified competitive market principles are supported by policy and legal foundations that run through a myriad of FERC orders and court decisions. This paper seeks to make that history and those implicit market principles explicit by distilling and organizing Commission Orders and court decisions. It concludes that five market principles, each with multiple subprinciples, can be identified as elemental to how FERC understands and …

Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral argument in this matter on Monday, February 24, 2020, at 10 a.m. in the Supreme Court Building in Washington, D.C. Anthony Yang, Assistant to the Solicitor General, will likely argue for the United States. In a divided oral argument, Paul D. Clement will likely appear for Atlantic Coast Pipeline, LLC, the petitioner in consolidated case No. 18-1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association. Michael K. Kellogg will likely appear for the Respondents.

Moat Mentality: Onshore And Offshore Approaches To Wind Waking, K.K. Duvivier, Brendan Mooney

Sturm College of Law: Faculty Scholarship

Wind energy developers are becoming increasingly aware of the dam- aging impact of wakes from turbines. To deal with the issue on land, many terrestrial developers have adopted a “moat mentality,” creating buffer zones around their wind plants1 to protect them from neighboring wind de- velopments. While these “moats” may protect the investment of a partic- ular wind developer, they render large areas that could be generating elec- tricity into unproductive waste zones. US offshore wind development is in its nascence. This article will explore ways that offshore wind developers are addressing waking issues and whether they can find more …

Safe & Environmentally Sound Recycling Of Ships: A Stocktaking Of The Current State Of International Law, Ishtiaque Ahmed

Fordham Environmental Law Review

Ship-breaking is one of the most dangerous occupations in the world and widely known as a pollution-heavy industry. This industry is currently concentrated primarily in three South Asian developing countries, namely Bangladesh, India and Pakistan. Ensuring the safe and environmentally sound recycling of ships remains a global concern. There are many international regulations which apply to the activities of ship-breaking, but none of them address the issue in a comprehensive manner. The most relevant international instrument governing ship recycling, the 2009 Hong Kong Convention remains unenforceable due to non-ratification by the chief ship recycling states. The only enforceable international instrument …

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Aapl Form Joa And Non-Paying Participants—“Mr. Green Leisure Suit” Revisited, Paul G. Yale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

A Framework For Responsible Solar Panel Waste Management In The United States, Meghan Mcelligott

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Watering The Forest For The Trees: An Examination Of Basin Groundwater Use And Management In Energy Producing States, Kimberly A. Wurtz

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

A Regulating And Watchful Law: Oil And Gas Conservation Law & The North Dakota Industrial Commission, Grayson P. Walker

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Breaking Joint Venture Agreement Deadlocks: Before The Texas Shoot-Out, Try A Texas Shout-Out, Norman Nadorff, Quinncy Mcneal

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Veronica Threadgill

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Montana Environmental Information Center V. Department Of Environmental Quality, Anthony P. Reed

Public Land & Resources Law Review

The DEQ renewed a 1999 MPDES Permit on September 14, 2012 that allowed Western Energy Company to discharge pollutants from the Rosebud Mine into streams. Environmental groups MEIC and the Sierra Club sued, arguing this violated both the Montana Water Quality Act and federal Clean Water Act because the DEQ’s interpretation of its own regulations that exempted waters with ephemeral characteristics from water quality standards was arbitrary and capricious. The district court agreed, but the Montana Supreme Court reversed. It held the DEQ’s interpretation was lawful and remanded for further fact finding to assess how the DEQ applied the interpretation …