Energy and Utilities Law Commons^™

Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson

Seattle Journal for Social Justice

No abstract provided.

Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Seattle Journal for Social Justice

No abstract provided.

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.

Corruption, Constitutions And Crude In Latin America, Fredrick V. Perry, Scheherazade S. Rehman

Fredrick V. Perry

This paper examines the perception of corruption that exists throughout Latin America, and analyses the importance of the institutional environment in Latin American countries, which are both richly endowed with and dependent on oil and natural gas. First, we look at corruption generally in the region and then carry our analysis by looking at various countries’ GDP per capita versus several indices measuring different dimensions of countries’ economic development, political progress, and social performance. We also combine corruption indices and separate them by typology of corruption in order to investigate the particular facets of corruption that pose the greatest impediment …

The Energy-Water Nexus, Joshua P. Fershee, Gabriel E. Eckstein, Keith B. Hall, Donald T. Hornstein, Shi-Ling Hsu, Rhett Larson, Amanda Leiter, Uma Outka, Justin Pidot, Melissa Powers, Jefferson D. Reynolds, Benjamin K. Sovacool, Alex Gilbert, Andrea Wortzel

University of Richmond Law Review Symposium

Speakers for the 2013 Symposium included Professor Joshua P. Fershee of West Virginia University; Professor Gabriel E. Eckstein of Texas A&M University School of Law; Professor Keith B. Hall, Louisiana State University; Professor Donald T. Hornstein from the University of North Carolina; Professor Shi-Ling Hsu, Florida State University; Professor Rhett Larson, of the University of Oklahoma; Professor Amanda Leiter, American University; Professor Uma Outka, University of Kansas; Professor Justin Pidot, of the University of Denver; Professor Melissa Powers from Lewis & Clark College; Mr. Jefferson D. Reynolds, Virginia Department of Environmental Quality; Dr. Benjamin K. Sovacool & Mr. Alex Gilbert …

Oil & Gas Pooling, Gina Warren

Gina Warren

No abstract provided.

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

• Oil and Gas Leases
• Surface Use Agreements (SUAs)
• Government’s Role in Authorizing Locations for Oil and Gas Development
• Technical Aspects of Nontributary and Produced Nontributary Ground Water
• Produced Nontributary Ground …

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Masthead & Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

A Napoleonic Approach To Climate Change: The Geoengineering Branch, Anthony E. Chavez

Washington and Lee Journal of Energy, Climate, and the Environment

Climate change is an inevitable consequence of human greenhouse gas emissions. Without substantial changes in anthropogenic causes of climate change, there will be severe negative impacts on our planet. Complete abolition of greenhouse gas emissions, however, is not possible, nor will it necessarily stop the negative impacts of climate change. Therefore, substantial research must be done in geoengineering to understand better how we can positively act to avert significant climate change. Given the practical difficulties and potential effects, there must be comprehensive oversight. Currently, differing national laws makes this difficult. Additionally the United States laws do not properly cover climate …

Environmental Overreach: The Eu’S Carbon Tax On International Aviation, Surya Gablin Gunasekara

Washington and Lee Journal of Energy, Climate, and the Environment

On November 27, 2012—without the fanfare of a Rose Garden ceremony—President Obama signed into law a bill that forbids United States airlines from participating in the European Union Emissions Trading Scheme (“EU ETS”). Environmental organizations bemoaned the President’s decision after having urged him to veto the bill. Supporters of the law hailed the passage as a win for American sovereignty, preventing an illegitimate and disingenuous environmental tax on U.S. carriers and passengers. This article addresses the aviation industry’s role in global climate change, and offers an in-depth analysis of the EU ETS and the European Commission’s decision to include international …

Clean Air V. Electric Reliability: The Case Of The Potomac River Generating Station, James W. Moeller

Washington and Lee Journal of Energy, Climate, and the Environment

Environmental activists considered the shutdown of the Potomac Station a victory for environmental sustainability and a victory for the cause of clean air. Additionally, citizens of Alexandria, Virginia found this to be a victory over the “outdated” polluting coal burning power plant. Looking at the history of the Potomac Station, however, shows that without significant increases in transmission capacity to the mid-Atlantic, the Potomac Station could never have been shut down. This article addresses the case of the Potomac Station and the role of the Department of Energy, the Environmental Protection Agency, the Virginia Department of Environmental Quality, and the …

“Turn On The Lights”—Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Washington and Lee Journal of Energy, Climate, and the Environment

Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …

Is It Time To Revoke The Tax-Exempt Status Of Rural Electric Cooperatives?, W. G. Beecher

Washington and Lee Journal of Energy, Climate, and the Environment

Rural electric cooperatives (RECs) were created with government assistance in the mid-1930s as part of a campaign to bring electricity to rural areas in an effort to improve economic output and quality of living. By the early 1950s, the entirety of America had access to electricity, fulfilling the federal government’s mission. Today, these cooperatives strongly resemble their for-profit counterparts, but remain tax-exempt under § 501(c)(12) of the Internal Revenue Code. This note will argue that, in light of the changes that RECs have undergone and the environment in which they now operate, their tax-exempt status is no longer warranted and …

“To Comply Or Not To Comply?” An Argument In Favor Of Increasing Investigation And Enforcement Of Marpol Annex I Violations, Katriel Statman

Washington and Lee Journal of Energy, Climate, and the Environment

The 1973 International Convention for the Prevention of Pollution from Ships and the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) seek to protect the world’s oceans from environmental harms. Traditional maritime law, principles of international law, and difficulties in detecting violations of MARPOL 73/78 have made it difficult for nations to enforce the strict requirements regarding oil pollution under Annex I. In light of these difficulties, the United States authorities have used other means under United States law to prosecute these violations. This note argues that while the United States’ …

Oil And Gas Joint Operating Agreements: Default Provisions, A Dilemma By Default, Yanal Abul Failat, Birgitte Jensen

Yanal Abul Failat

English law is often the law of choice in complex and high value contracts where issues such as remedies, default, limitation of liability and financing are paramount. Further, English law affords JV partners comfort that their JV agreement will be construed in accordance to its own terms and cannot be declared void on technical grounds as no codified structure exists. However, as the attitudes of the English courts remain uncertain on the question of forfeiture and whether such a remedy would be held to be a penalty, JV partners must tread carefully when agreeing the default provisions in their JOA. …

A Court-Imposed Nuclear Winter: New York V. Nuclear Regulatory Commission Breaks The Deferential Ice Resulting In National Nuclear Reactor Licensing Freeze, Laura A. Tucker

Villanova Environmental Law Journal

No abstract provided.