Energy and Utilities Law Commons^™

The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl

Pace Environmental Law Review

Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.

Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman

Pace Environmental Law Review

Professor Monika Ehrman provides a pragmatic response to Elliott and Esty’s proposal to end all environmental externalities, which she refers to as an “environmental law moonshot.” She examines the value of transforming environmental law and dreaming big as Elliott and Esty recommend, while discussing the practical considerations of doing so. Her considerations include incentivizing technological advancement, compensating environmentally harmed communities to address systemic issues, and breaking down silos in environmental law.

A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi

Pace Environmental Law Review

Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is set at an economically efficient level whereby the tightness of the regulation is increased up to the point where the incremental benefits equal the incremental costs. Setting regulatory standards to achieve the efficient degree of pollution control does not fully discourage entry into polluting industries, provide compensation to those harmed by pollution, or establish meaningful incentives for effective enforcement. This article proposes that the …

Environmental Law For The 21st Century, E. Donald Elliott, Daniel C. Esty

Pace Environmental Law Review

In this issue, Professors Elliott and Esty expand on their original proposal and respond to critics.2 They apply their perspectives as practitioners, as well as academics, to develop their vision for environmental law in the 21st century. They establish three legal duties that should apply to entities that release potentially harmful materials into the environment. Professors Elliott and Esty contend that such entities have a duty (1) of research and disclosure to assure the public that any environmental releases are not harmful, (2) to minimize harm if they fail to demonstrate the releases are harmless, and (3) to compensate those …

Introduction, Gabriella Mickel, Samantha Blend

Pace Environmental Law Review

No abstract provided.

Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes, Francesca Pinto

Pepperdine Dispute Resolution Law Journal

The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, considered the most widely used set of ad hoc rules in international arbitration, do not contain any provisions on consolidating parallel proceedings. Considering the complex, multiparty, and multiple-contract nature of renewable energy investment and development, the UNCITRAL Arbitration Rules should implement consolidation provisions that explicitly address consolidation for related arbitration proceedings and—in some circumstances—enforce consolidation regardless of whether all parties consent. Part II of this article provides an overview of transactions related to the investment, development, and operation of renewable energy projects. Part III identifies the risks of parallel …

Water Justice: The Ninth Circuit Examines The Fair Housing Act In The Context Of Water Services In Southwest Fair Housing Council Inc. V. Maricopa Domestic Water Improvement District, Zachary J. Thummborst

Villanova Environmental Law Journal

No abstract provided.

Taking Tennessee Electric With A Private Vehicle Charging Market: An Ev Infrastructure Policy For Conservative States, Claire Bonvillain J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

The transition from petroleum to electricity as a fuel source for vehicles is an essential step in the effort to stop harmful climate change. The transportation sector currently produces more carbon emissions in the United States than any other area. Recognizing this, the federal government and several states have recently devoted resources to facilitating the transition to large-scale electric vehicle (EV) use. In particular, there must be a nationwide network of EV charging infrastructure so that EV drivers can confidently drive EVs anywhere. Much of the legal research on increasing the number of EV charging facilities and consumer EV purchases …

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Evolving Trends In Production Sharing Agreements & Cost Recovery Systems, Eduardo G. Pereira, Reg Fowler, Thomas Stephens, Alicia Elias-Roberts, André Lemos, Wan Mohd Zulhafiz Wan Zahari, Reyhan Kamil, Nurzhan Kakimov

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Life After Sixty: Subsequent License Renewals And Criticisms Of N.R.C. Licensing, Cameron Tarry Hughes

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Navigating Accountability In Swamped Fields: Why Texas Needs Uniform Regulation For Well Collision Liability, Iliana Martinez

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Hank Herren

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly

Public Land & Resources Law Review

The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.

Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit upheld the district court’s grants of summary judgment and injunctive relief against BOEM for violating the ESA and CZMA. The Ninth Circuit found BOEM violated NEPA, CZMA, and the APA by failing to adequately consider the environmental impacts of well stimulation treatments. The Ninth Circuit also reversed the lower court’s grant of summary judgment against the Environmental Defense Center for their NEPA claims.

Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit reversed the District Court of Alaska’s judgment that dismissed the Metlakatla Indian Community’s suit against Alaska’s limited entry program. On appeal, the Ninth Circuit addressed whether and to what extent the 1891 Act preserved an implied off-reservation fishing right for members of the Metlakatla Indian Community. The Ninth Circuit ruled in favor of the Metlakatla Indian Community but remanded to the district court to determine the boundaries of the traditional off-reservation fishing grounds. Motions for rehearing and rehearing en banc were denied.

Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski

Public Land & Resources Law Review

In 2021 manoomin (wild rice), a legally recognized person in White Earth Band tribal law, brought a case in White Earth Band of Ojibwe Tribal Court against the Minnesota Department of Natural Resources. Wild rice brought this case against the Minnesota Department of Natural Resources’ over its issuance of a water permit to Enbridge Inc. for the construction of the Line 3 oil pipeline. Though ultimately ruling that the Tribal Court did not have subject matter jurisdiction because the activity at issue occurred by non-Indians outside of the reservation boundaries, this case still brings a novel consideration in the tribal …

Rebuilding Grid Governance, Joel B. Eisen, Heather E. Payne

BYU Law Review

As climate change sharpens the focus on our electricity systems, there is widespread agreement that the institutions that govern our electric grid must change to realize a clean energy future in the timescale necessary. Scholars are actively debating how grid governance needs to change, but in this Article we demonstrate that current proposals are insufficient because they do not contemplate “rebuilding.” This Article defines “rebuilding” as ending entities tasked with grid governance and creating new ones to take their place. We propose what no one else has: an overarching framework for rebuilding any grid governance institutions.

This Article discusses when …

Renovating America's Electrical Grid: Renewable Sources And Resilient Delivery, Justin O'Hare Giffee

Student Theses 2015-Present

Since the late 1800s, America’s electrical grid systems have relied primarily upon fossil fuels for sources of electricity. Due to the outdated structural foundations and glaring holes in distribution networks, the existing electrical grids struggle with electricity escaping, and modern issues such as cybersecurity, resilience, and weather-related events associated with climate change. This essay discusses ongoing problems with current electric grid systems and aims at explaining the importance of incorporating renewables as a solution for these problems into a new grid system. In the first chapter, a detailed explanation is provided regarding the current issues present in America's grid systems. …

A Path To Achieve European Energy Security, Nicholas Wolf

Student Theses 2015-Present

The apparatus of Europe’s energy security has collapsed. The Russian Federation’s invasion of Ukraine, hydrocarbon market turmoil, and the ever-growing threat of climate change has thrust the continent into crisis. As the risks of severe recession, acute energy shortages, and climatic disasters have begun to materialize, the member states of the European Union (EU) have been left scrambling to secure novel energy supplies. In the short-term, these developments pose severe risks to the EU and its member states. Yet, opportunity often presents itself in the midst of hardship, and the European Energy Crisis of 2022 is no different. This essay …