Energy and Utilities Law Commons^™

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble

Natural Resources Journal

No abstract provided.

Solar Rights, Sara Bronin

Faculty Articles and Papers

The rights to access and to harness the rays of the sun - solar rights - are extremely valuable. These rights can determine whether and how an individual can take advantage of the sun’s light, warmth, or energy, and they can have significant economic consequences. Accordingly, for at least two thousand years, people have attempted to assign solar rights in a fair and efficient manner. In the United States, attempts to assign solar rights have fallen short. A quarter century ago, numerous American legal scholars debated this deficiency. They agreed that this country lacked a coherent legal framework for the …

Geologic Co2 Sequestration: Who Owns The Pore Space?, Owen L. Anderson

Faculty Articles

No abstract provided.

Dreadful Policing: Are The Semiconductor Industry Giants Content With Yesterday’S International Protection For Integrated Circuits?, Michael Fuerch

Richmond Journal of Law & Technology

Over the past twenty years, the semiconductor industry has grown rapidly. Technological advances have resulted in smaller, faster, and more cost-efficient semiconductor integrated circuits. Today, integrated circuits (“chips”) are found in the majority of electronic devices includes consumer electronics like computers, phones, televisions, and automobiles, and industrial electronics such as motor drives and programmable logic controllers.

This

Foreword: Energy And The Environment: Empowering Consumers, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

The conference Energy and the Environment: Empowering Consumers brought together legal scholars, attorneys, scientists, philosophers, journalists, sociologists, elected representatives, and agency experts. This symposium issue of the Hofstra Law Review presents a selection of papers from conference participants that, together, illustrate some of the opportunities, challenges, and diverse questions that arise in the effort to deploy energy and environmental law and policy to embrace individual consumers and combat climate change.

Energy Security, Green Job Creation, And Youth Innovation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Biofuels: Potentials, Problems & Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Biofuels have the exciting potential of mitigating the grave threats of global warming, reducing the world's dependence on imported oil from insecure sources and of reducing the skyrocketing costs of oil that are threatening to undermine the world's economies and devastating the people in non-oil producing, developing countries. For the people in these countries, biofuel offer a promising road to enhance development since they use local materials, can provide local jobs, and do not require the import of expensive equipment and expertise. Brazil has been the pioneer in the use of biofuel, allowing it to eliminate its oil imports, becoming …

Responsible Environmental Behavior, Energy Conservation, And Compact Fluorescent Bulbs: You Can Lead A Horse To Water, But Can You Make It Drink?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Despite professing to care about the environment and supporting environmental causes, individuals behave in environmentally irresponsible ways like driving when they can take public transportation, littering, or disposing of toxic materials in unsound ways. This is the author's fourth exploration of how to encourage individuals to stop behaving irresponsibly about the environment they allege to care deeply about. The prior three articles all explored how the norm of environmental protection could be enlisted in this effort; this article applies those theoretical conclusions to the very practical task of getting people to switch the type of light bulb they use.

To …

Modern Lights, Sara C. Bronin

Cornell Law Faculty Publications

This Article functions as a companion to a piece, Solar Rights, recently published in the Boston University Law Review. In that piece, the author analyzed the absence of a coherent legal framework for the treatment of solar rights - the rights to access and harness the rays of the sun. The growing popularity of, and need for, solar collector technology and other solar uses calls for reform. Answering the call for reform in Solar Rights, this Article proposes a framework within which a solar rights regime might be developed. First, as a baseline, any regime must recognize the natural characteristics …

Modern Lights, Sara Bronin

Faculty Articles and Papers

This Article functions as a companion to a piece, Solar Rights, recently published in the Boston University Law Review. In that piece, the author analyzed the absence of a coherent legal framework for the treatment of solar rights - the rights to access and harness the rays of the sun. The growing popularity of, and need for, solar collector technology and other solar uses calls for reform. Answering the call for reform in Solar Rights, this Article proposes a framework within which a solar rights regime might be developed. First, as a baseline, any regime must recognize the natural characteristics …

Establishing An Aggressive Legal Framework For The Future Of Wind Energy In Europe, Tyler Hagenbuch

Vanderbilt Journal of Transnational Law

Europe is the world's frontrunner in wind energy, and European governments are committed to aiding renewable energy entrepreneurs and investors. In April 2009, the EU passed a new Climate Action Directive. The Directive set goals for both increased use of renewable energy and decreases in greenhouse gas emissions. Despite this legislative success, the Climate Action Directive was widely criticized as insufficient and ineffective. Indeed, there are numerous substantive concessions given to industry in the emission reduction portion of the Directive. Dissenters argued the weaknesses of the emissions reduction Directive squandered the EU's opportunity to be a world leader in energy …

A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule

Faculty Publications

The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …

Rough Seas Ahead: Confronting Property Doctrines To Jumpstart Wave Energy, Rachael E. Salcido

McGeorge School of Law Scholarly Articles

No abstract provided.

Greening Demand: Energy Consumption And U.S. Climate Policy, Noah M. Sachs

Law Faculty Publications

The search for greener, less polluting energy supplies has dominated discussions of u.s. climate change strategy, but we often overlook cheaper and faster greenhouse gas emissions reductions achievable through energy efficiency and conservation. In this article, I outline a decade-long "greening demand" agenda to reduce the amount of energy consumed in the United States. The federal government should aim to reduce U.S. energy consumption by fifteen percent by 2016 and twenty percent by 2020 to achieve needed reductions in greenhouse gas emissions.

While the United States has achieved notable efficiency gains since the 1970s, several market failures and other barriers …

Bargaining In The Shadow Of Rate-Setting Courts, Daniel A. Crane

Articles

Judges will tell you that they are comparatively poor rate regulators. The specialized, technical competence and supervisory capacity that public utilities commissions enjoy are usually absent from judicial chambers. Nonetheless, when granting antitrust remedies-particularly remedies for monopolistic abuse of intellectual property-courts sometimes purport to act as rate regulators for the licensing or sale of the defendant's assets. At the outset, we should distinguish between two forms ofjudicial rate setting. In one form, a court (or the FTC in its adjudicative capacity) grants a compulsory license and sets a specific rate as part of a final judgment or an order. The …

Agenda: Managing Oil And Gas Development In Colorado: The New Cogcc Rules, University Of Colorado Boulder. Natural Resources Law Center

Managing Oil and Gas Development in Colorado: The New COGCC Rules (December 16)

NRLC Hot Topic held on December 16, 2008 from 12:00 noon to 1:30 p.m. at the offices of Hogan and Hartson, Denver, Colorado.

Panelists from COGCC, the oil & gas industry, and environmental community, will present their perspectives on the soon-to-be-issued rules on oil and development in Colorado. Discussion and questions from attendees will follow.

Using Economics To Fuel Responsible Energy Consumption Decisions, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This Article considers the determinants of individual consumption decisions and how these decisions might better account for environmental impacts. In addition to exploiting the quite direct forms of regulatory incentives to alter behavior, such as taxes and regulatory standards, policymakers should take advantage of the potential of informational remedies that can assist people in making more efficient choices for themselves and more responsible decisions for the environment. This Article considers as a case study ways in which current information provisions for household energy utilization might be improved. In exploring the potential role of more environmentally responsible consumption decisions, I do …

Cees Newsletter, No. 8, Nov. 2008, University Of Colorado Boulder. Center For Energy & Environmental Security

CEES: The Center for Energy & Environmental Security [Newsletter] (2008)

No abstract provided.

Public Utility Law, Brian R. Greene, Katharine A. Hart

University of Richmond Law Review

No abstract provided.

Baselines Newsletter, No. 3, Fall 2008, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Appendix: Land Grant Speculation In New Mexico During The Territorial Period, David Correia

Natural Resources Journal

No abstract provided.

The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller

Natural Resources Journal

No abstract provided.

Nuclear Nonsense: Why Nuclear Power Is No Answer To Climate Change And The World's Post-Kyoto Energy Challenges, Benjamin K. Sovacool, Christopher Cooper

William & Mary Environmental Law and Policy Review

No abstract provided.

Ethanol's Roots: How Brazilian Legislation Created The International Ethanol Boom, Vanessa M. Cordonnier

William & Mary Environmental Law and Policy Review

No abstract provided.

Developing Wind Power In The Commonwealth: No Longer A Quixotic Quest To Build Wind Farms In Virginia, Brian E. Maxted

William & Mary Environmental Law and Policy Review

No abstract provided.

Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Through state legislation and local land use powers, municipalities in New York have authority to facilitate solar energy usage and reduce carbon emissions. This article analyzes several specific New York and municipal legislative provisions enabling New York’s municipalities to encourage or discourage solar energy. Interestingly, many of the tools discussed in this article are variations of pre-existing traditional land use tools such as, variances, subdivision design requirements, or fee exemptions.

The Role Of Community Values In Wind Energy Development: Exploring The Benefits And Applications Of Community Wind For Reducing Local Opposition To Wind Energy Systems, Amanda Vaccaro

Georgetown Law Student Series

Worldwide, wind energy generation is growing rapidly as a cleaner and less invasive alternative to traditional fossil-fuel energy sources. Yet, in the United States, the advancement of wind energy has been stunted by three factors: (1) the uncertainty of the federal Production Tax Credit; (2) the lack of transmission lines connecting wind projects to electricity grids; and (3) enduring local cultural and aesthetic objections to wind turbines. Frustrated with the imbalanced allocation of costs and benefits imposed by most wind energy projects, some individuals and municipalities have deployed zoning laws, nuisance claims, or environmentalist arguments to discourage wind energy development …

Individual Carbon Emissions: The Low-Hanging Fruit, Michael P. Vandenbergh, Jack Barkenbus, Jonathan Gilligan

Vanderbilt Law School Faculty Publications

The individual and household sector generates roughly 30 to 40 percent of U.S. greenhouse gas emissions and is a potential source of prompt and large emissions reductions. Yet the assumption that only extensive government regulation will generate substantial reductions from the sector is a barrier to change, particularly in a political environment hostile to regulation. This Article demonstrates that prompt and large reductions can be achieved without relying predominantly on regulatory measures. The Article identifies seven "low-hanging fruit:" actions that have the potential to achieve large reductions at less than half the cost of the leading current federal legislation, require …

Testimony Before The U.S. House Of Representatives Appropriations Committee, Subcommittee On Agriculture, Rural Development. Food And Drug Administration, And Related Agencies, Regarding The “Commodity Futures Trading Commission”, Michael Greenberger

Congressional Testimony

Testimony before the U.S. House of Representatives Appropriations Committee, Subcommittee on Agriculture, Rural Development. Food and Drug Administration, and Related Agencies on the role of the Commodity Futures Trading Commission’s regulatory efforts Pertaining to excessive speculation within U.S. energy futures markets in general, and futures based on U.S. delivered crude oil contracts.