Energy and Utilities Law Commons^™

Blockchain And Smart Contract For Peer-To-Peer Energy Trading Platform: Legal Obstacles And Regulatory Solutions, 19 Uic Rev. Intell. Prop. L. 285 (2020), Joseph Lee, Vere Marie Khan

UIC Review of Intellectual Property Law

This paper discusses the implications of smart contracts in energy trading for the protection of consumer and individual rights. It examines the legal risks and regulatory solutions for a peer-to-peer energy trading platform (P2P-ETP) in creating a sustainable energy ecosystem. Part I discusses the conceptual framework of P2PETP, which enables consumers to become energy ‘producers' and traders. Smart technologies—smart contracts, smart meters, and distributed ledger technology (DLT) platforms, are the main components of this platform. The study examines the legal basis for these components. Part II analyzes the legal uncertainty of the smart contract, such as its enforceability, and the …

Northern Plains Resource Council V. United States Army Corps Of Engineers, Liz M. Forster

Public Land & Resources Law Review

Environmental activist and indigenous rights groups have challenged the validity of the Keystone XL Pipeline since its initial approval in 2010. In April 2020, less than a month after crews broke ground, the opposing groups notched a major win when the United States District Court for the District of Montana revoked a key permit for the project on the grounds that the United States Army Corps of Engineers had inadequately assessed the pipeline’s impact on endangered species.

Land Use Strategies That Mitigate Climate Change, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article discusses techniques and strategies that municipal governments can employ to mitigate climate change, of which land use and municipal law lawyers should be aware.

Acknowledgement, Melanie Mcnett, Julia Shaver

Natural Resources Journal

No abstract provided.

America’S Energy Policy: Where Energy Consumption Is Headed And Why Policy Needs To Change, Andrew Gillespie

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Energy, Electricity And Smart Grids In Latvia And Portugal – Developments And Concerns, Rafael Leal-Arcas, Filipa Santos, Danai Papadea

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Energy Emergencies, Amy L. Stein

UF Law Faculty Publications

Emergency powers are essential to the proper functioning of the government. Emergencies demand swift and decisive action; yet, our system of government also values deliberation and procedures. To enable such agility in a system fraught with bureaucracy, Congress frequently delegates unilateral statutory emergency powers directly to its most nimble actor: the President. The powers Congress delegates to the President are vast and varied, and often sacrifice procedural requirements in favor of expediency. Most scholars and policymakers have come to terms with this tradeoff, assuming that the need to respond quickly is outweighed by any loss of accountability. This Article challenges …

Artificial Intelligence And Climate Change, Amy L. Stein

UF Law Faculty Publications

As artificial intelligence (AI) continues to embed itself in our daily lives, many focus on the threats it poses to privacy, security, due process, and democracy itself. But beyond these legitimate concerns, AI promises to optimize activities, increase efficiency, and enhance the accuracy and efficacy of the many aspects of society relying on predictions and likelihoods. In short, its most promising applications may come, not from uses affecting civil liberties and the social fabric of our society, but from those particularly complex technical problems lying beyond our ready human capacity. Climate change is one such complex problem, requiring fundamental changes …

The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland

Catholic University Journal of Law and Technology

Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …

Raising The Meter In Rhode Island: A Better Approach To Rhode Island’S Net Metering Laws, Alyssa Lauren Lemire

Roger Williams University Law Review

No abstract provided.

The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A., Carl J. Bauer

Natural Resources Journal

This paper offers a historical overview of the first century of hydropower in the US from today’s perspective of the water/energy nexus. Hydropower emerged as a technology in the 1880s and its development expanded until large dam building ended in the US in the 1970s-1980s. I summarize the century from the two different angles of the water sector and the electric power sector, as the roles and strategic importance of hydropower changed dramatically in the two sectors, in the parallel histories of water development and electric power development. The paper emphasizes the electricity side of the hydropower story because the …

The Third Age Of Oil And Gas Law, James W. Coleman

Faculty Journal Articles and Book Chapters

History’s biggest oil boom is happening right now, in the United States, ushering in the third age of oil and gas law. The first age of oil and gas law also began in the United States a century ago when landowners and oil companies developed the oil and gas lease. The lease made the modern oil and gas industry possible and soon spread as the model for development around the world. In the second age of oil and gas law, landowners and nations across the globe developed new legal agreements that improved upon the lease and won these resource owners …

Beneficial Precaution: A Proposed Approach To Uncertain Technological Dangers, Edward L. Rubin

Vanderbilt Journal of Entertainment & Technology Law

As a result of the specialization and cumulation of knowledge in the era of High Modernity, research and development in most technical fields is largely incomprehensible to anyone outside that field. What should policy makers do when technical specialists disagree, and particularly when some predict an oncoming catastrophe and others dismiss the concern? This is the situation with the so-called Singularity, the point at which machines design, build, and operate other machines. Some experts in cybernetics and artificial intelligence argue that this is imminent, while others consign the possibility to science fiction. If the skeptics are right, nothing need be …

Circuit Split As To Whether Rejection Of Power Purchasing Agreements Are Subject To Bankruptcy Court Or Ferc Jurisdiction, Gabriela Zapata

Bankruptcy Research Library

(Excerpt)

Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) enables troubled enterprises to be restructured, so that they can operate successfully in the future. Under section 365 of the Bankruptcy Code, a debtor in possession may reject a contract subject to bankruptcy court approval. The Federal Energy Regulatory Commission (“FERC”), however, has “exclusive jurisdiction” over the transmission of electric energy in interstate commerce, including power purchase agreements (“PPAs”). Accordingly, there is a dispute as to whether the rejection of a PPA is subject to bankruptcy court or FERC approval.

This memorandum addresses how courts have …

Ferc's Tether Tantrum: Why Suppressing State Support For Renewable Energy Violates The Federal Power Act And Threatens U.S. Climate Leadership, Philip N. Killeen

American University Law Review

The United States’ role as a proactive leader on combatting climate change reached its high-water mark during the presidency of Barack Obama. At the United Nation’s 2015 Paris Climate Conference, the United States acknowledged the scientifically observed link between anthropogenic greenhouse gas (GHG) emissions and global warming and negotiated a deal with other nations to adapt to and prevent its consequences. Among the commitments that emerged from this deal was the United States’ ambitious but achievable target to reduce economy-wide GHG emissions 26 to 28% below 2005 levels by 2025. The most consequential effort to meet this goal was the …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Tools For Regulators In A Changing Climate: Proposed Standards, State Policies, And Case Studies From The Western Grid, Adam D. Orford

Faculty Scholarship

With climate change a present reality, governments are confronting the need to adapt their regulatory planning processes to withstand new and uncertain climate risks. This Article provides three new resources to support this essential work. First, it develops a new standard for assessing the quality of climate adaptation decisionmaking, focusing on defining the problem, quantifying adaptation benefits, and evaluating equitable distribution of risk. Second, it reviews California’s climate adaptation policy development efforts between 1988 and 2018—from the state’s early efforts to study the problem, to later attempts at statewide strategic planning, until more recent work to integrate adaptation into existing …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.