Editor's Introduction,
2018
University of Oklahoma College of Law
Editor's Introduction, Collin Mccarthy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Public Employees For Environmental Responsibility V. United States Epa,
2018
Alexander Blewett III School of Law at the University of Montana
Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains
Public Land & Resources Law Review
Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA request …
Presidential Permitting For Pipelines: Constitutionality And Reviewability,
2018
University of Michigan Law School
Presidential Permitting For Pipelines: Constitutionality And Reviewability, Joan Campau
Michigan Journal of Environmental & Administrative Law
Federal oversight of cross-border pipelines occurs during the presidential permitting process. Pursuant to Executive Order 13337, the Department of State is authorized to review applications and grant permits to projects that “serve the national interest.” Scholars and litigants have questioned the constitutionality of this process and reviewability under the Administrative Procedure Act (“APA”). This Note argues that the permitting process is constitutional and derives legitimacy from both the executive powers explicitly enumerated in the Constitution as well as an implicit sanction from the legislative branch. Further, this Note argues that APA review is appropriate for at least one component of …
Game Of Tones: A Twail-Analysis Of The Evolution And Impacts Of The United Nations Framework Convention On Climate Change Technology Transfer Regime In Africa,
2018
Dalhousie University - Dalhousie University, Schulich School of Law, Students
Game Of Tones: A Twail-Analysis Of The Evolution And Impacts Of The United Nations Framework Convention On Climate Change Technology Transfer Regime In Africa, Adebayo Majekolagbe
LLM Theses
The 1992 Rio Outcome articulates what is arguably, to date, the most ambitious North–South environmentally sound technology (EST) transfer aspirations. Yet, 26 years post-Rio, Africa remains at the lowest rung of the global EST deployment totem. Departing from talking-points like the connection of EST transfer and intellectual property rights, this research focuses on the normative underpinnings of the history, processes and dynamics of UNFCCC’s EST transfer regime. Using a ‘reconsidered’ Third World Approach to International Law approach and its accompanying historical research methodology, the thesis seeks to track landmarks in UNFCCC’s EST transfer regime evolution and the impacts of a …
Net Neutrality Powers Energy And Forestalls Climate Change,
2018
University of San Diego
Net Neutrality Powers Energy And Forestalls Climate Change, Catherine J.K. Sandoval
San Diego Journal of Climate & Energy Law
Drawing on my experience as a Commissioner of the California Public Utilities Commission (CPUC) from January 2011 to January 2017, this Article explores the interdependence of the electricity sector and the open and neutral internet. Section II of this Article discusses the evolution of critical infrastructure laws and policies. Section III examines California’s energy loading order adopted in 2003 to increase energy reliability and protect the environment. Section IV analyzes the evolution of federal and state Smart Grid policies to infuse communications and information technologies including the internet into the energy ecosystem. Section V discusses FERC’s authorization of demand response−the …
The Trump Effect On Power Plant Carbon Dioxide Emissions,
2018
University of San Diego
The Trump Effect On Power Plant Carbon Dioxide Emissions, Thomas O. Mcgarity
San Diego Journal of Climate & Energy Law
This Article will probe the legal, technological and economic underpinnings the Trump Administration initiatives and the viewpoint that their initiatives will have little impact on CO2 emissions from power plants. Part II will highlight the Trump Administration’s views on the extent to which human activities are the leading contributing factor. Part III will describe the radical change in direction that that the Trump Administration is taking with respect to regulations designed to reduce GHG emissions from power plants. Part IV will offer predictions about the likely effect of the Trump Administration’s rollbacks on the electric power and coal industries, on …
Hope On The Horizon For Offshore Wind Development? An Examination Of The Regulatory Framework Rhode Island Navigated To Make The Nation’S First Offshore Wind Farm A Reality, And The Implication For California’S Ability To Adopt A Similar Approach Under The Coastal Zone Management Act, Lauren Perkins
San Diego Journal of Climate & Energy Law
After establishing the reasons for why creating a more efficient permitting system is crucial, this Article examines the question of under what conditions BOEM, the lead agency in the offshore wind permitting process, delegates authority to a state so that it may permit a project in federal waters under the CZMA without running into federal preemptory roadblocks. This question is of utmost significance in California and Hawaii where projects utilizing floating turbine technology are proposed to be located in federal waters to take advantage of optimal wind gusts farther offshore. After examining the conditions favorable for federal delegation of the …
Revisiting The Public Utility,
2018
Vanderbilt University Law School
Revisiting The Public Utility, Jim Rossi, Morgan Ricks
Vanderbilt Law School Faculty Publications
This foreword introduces "Revisiting the Public Utility," a series of essays published in a special issue of Yale Journal on Regulation. We cluster the contributions to this issue around public utility regulation’s core rationales and its scope, its implications for innovation and industry stability, and its evolving approach to price regulation. The scholarship represented in this issue challenges the notion that public utility ideas are obsolete or irrelevant to modern issues in economic regulation. It questions whether public utility regulation has fallen short of its goals, and shows that there are some good reasons to question many embedded regulatory practices. …
The Fine Print Of The Mexican Energy Reform,
2018
Texas A&M University School of Law
The Fine Print Of The Mexican Energy Reform, Guillermo J. Garcia Sanchez
Faculty Scholarship
Five years ago, when Mexico transformed its energy sector, most commentators were worried about the government’s capacity to implement the reform. What would the upstream contracts look like? Would the auctions be transparent? How would international companies react? After two successful auction rounds, 107 signed contracts, and the creation of viable regulatory agencies to manage and monitor the reform agenda, the questions have changed. Today, Mexico’s capacity to implement energy reforms and attract foreign investment is no longer in doubt. Today, the most pressing questions about the reform concern its long-term sustainability. Can it survive the Mexican electoral cycles? Will …
Western Organization Of Resource Councils V. Zinke,
2018
Alexander Blewett III School of Law at the University of Montana
Western Organization Of Resource Councils V. Zinke, Daniel Brister
Public Land & Resources Law Review
Due to advances in climate science and an increased understanding of coal’s role as a greenhouse gas, Appellant conservation organizations sued the Secretary of Interior for failing to supplement the 1979 Programmatic EIS for the Federal Coal Management Program. The D.C. Circuit Court held neither NEPA nor the APA required a supplemental EIS and that the court lacked jurisdiction to compel the Secretary to prepare one. Expressing sympathy for the Appellants’ position, the D.C. Circuit took the unusual step of offering advice to future plaintiffs on how they might succeed on similar claims.
Public Utilities Commission,
2018
University of San Diego
Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Emf At Home: The National Research Council Report On The Health Effects Of Electric And Magnetic Fields,
2018
Cumberland School of Law of Sanford University
Emf At Home: The National Research Council Report On The Health Effects Of Electric And Magnetic Fields, Patsy W. Thomley
Florida State University Journal of Land Use and Environmental Law
With numerous claims that power line in general and electromagnetic fields (EMF) specifically are harming humans, the National Research Council conducted a study and published a report on the results of its study. This Article analyzes the National Research Council Report. The Article begins by presenting the effect that the controversy surrounding electric and magnetic fields has had on public perception along with some of the concomitant effects on property evaluation, land use, and tort litigation. The author continues by explaining electric and magnetic fields. Next, a summary of the National Research Council Report and its conclusions are reviewed. The …
Recent Case Decisions,
2018
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Legal Developments In 2017 Affecting The Oil And Gas Exploration And Production Industry,
2018
University of Oklahoma College of Law
Legal Developments In 2017 Affecting The Oil And Gas Exploration And Production Industry, Mark D. Christiansen, Editor
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction,
2018
University of Oklahoma College of Law
Editor's Introduction, Collin Mccarthy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support,
2018
Elisabeth Haub School of Law at Pace University
Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno
Pace Environmental Law Review
This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases concern, namely …
Carbon Pricing In New York Iso Markets: Federal And State Issues,
2018
Sabin Center for Climate Change Law, Columbia Law School
Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb
Pace Environmental Law Review
New York’s Clean Energy Standard (“CES”), adopted in August 2016, aims to steer the state’s electricity sector away from carbon-intensive generation sources. It supports low-carbon alternatives by requiring retail electricity suppliers to purchase credits, the proceeds from which are paid to renewable and nuclear generators. Recognizing that this will affect the operation of wholesale electricity markets, New York’s electric transmission grid operator (the “New York Independent System Operator” or “NYISO”) has commenced a review to assess possible means of incorporating the cost of carbon emissions into market prices. This Article explores two approaches to carbon pricing in NYISO markets: the …
The Incomplete Ecology Of Hydraulic Fracturing Governance,
2018
Brooklyn Law School
The Incomplete Ecology Of Hydraulic Fracturing Governance, Gregg P. Macey
Faculty Scholarship
No abstract provided.
Through The Looking Glass: How Review Of Natural Gas Exports Hides Environmental Effects In Plain Sight,
2018
University of Washington School of Law
Through The Looking Glass: How Review Of Natural Gas Exports Hides Environmental Effects In Plain Sight, Julia Michel
Washington Journal of Environmental Law & Policy
Often called the “Magna Carta” of environmental laws, the National Environmental Policy Act (NEPA) has made informed decision-making about the environment a pre-requisite for every major federal permit approval. By requiring federal agencies to systematically consider and disclose the environmental and health consequences of a course of action, NEPA also made federal decision-making public—”we know best” no longer suffices to allow agencies to make a decision without considering its environmental consequences. Yet NEPA’s mandate has been thwarted when it comes to natural gas exports. Without meaningful review of the consequences, federal agencies have already approved proposals to export an amount …
Mexico's Energy Reform And The 2012 U.S.-Mexico Transboundary Agreement. An Opportunity For Efficient, Effective And Safe Exploitation Of The Gulf Of Mexico,
2018
Texas A&M University School of Law
Mexico's Energy Reform And The 2012 U.S.-Mexico Transboundary Agreement. An Opportunity For Efficient, Effective And Safe Exploitation Of The Gulf Of Mexico, Guillermo J. Garcia Sanchez
Faculty Scholarship
Nature knows no legal boundaries. Resources cannot be stopped by walls with barbwire; no matter how high some people want to build them. They cross- national territories and expand under their logic. They belong to many nations, and they are there for the responsible exploitation of their communities. The Gulf of Mexico (Gulf) and its rich hydrocarbon deposits are no exceptions. The implication of this is that for the development of this enclosed sea area to be efficient, effective, and safe it requires not only the cooperation of government officials but also the inclusion of other actors, such as academic …
