Free Trade In Electric Power,
2018
University of Richmond
Free Trade In Electric Power, Joel B. Eisen
Law Faculty Publications
This Article develops the core legal framework of a new electricity-trading ecosystem in which anyone, anytime, anywhere, can trade electricity in any amount with anyone else. The proliferation of solar and other distributed energy resources, business model innovation in the sharing economy, and climate change present enormous challenges — and opportunities — for America’s energy economy. But the electricity industry is ill equipped to adapt to and benefit from these transformative forces, with much of its physical infrastructure, regulatory institutions, and business models a relic of the early days of electrification. We suggest a systematic rethinking to usher in a …
Under The Radar: The Cost And Benefits Of Wind Energy Through The Lens Of National Security,
2018
Elisabeth Haub School of Law at Pace University
Under The Radar: The Cost And Benefits Of Wind Energy Through The Lens Of National Security, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
This Article examines wind energy through the lens of national security. The benefit resides with helping the United States become energy independent. National-security concerns also present a cost because wind energy interferes with military radar, posing a potential threat to the systems that monitor possible attacks. This Article attempts to analyze the overall impact of wind energy while noting the inherent difficulties when so much uncertainty is involved in the process.
Part I of this Article discusses the benefits of wind energy. Part II examines its costs, specifically its interference with radar, and what that means for national security. This …
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power,
2018
Texas A&M University School of Law
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo
Faculty Scholarship
As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U.S.-Mexico and U.S.- …
Rewired Infrastructure Post-Paris,
2018
Suffolk University Law School
Rewired Infrastructure Post-Paris, Steven Ferrey
Suffolk University Law School Faculty Works
The Trump Administration announced in 2017 that it is withdrawing the U.S. from the international Paris Agreement regarding climate change which went into full effect in 2016. More than half the states sued the EPA when it promulgated the Clean Power Plan (CPP) to reduce power sector carbon emissions by 32 percent by 2030; thereafter, the Supreme Court stayed enforcement of the regulation, pending eventual review on the merits. The Trump Administration began efforts to repeal the Obama Administration CPP which was designed to satisfy the U.S. Paris Agreement commitments to curb CO2 emissions from burning coal to generate electric …
Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard,
2018
American University Washington College of Law
Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker
American University Law Review
No abstract provided.
Troubled Water: Building A Bridge To Clean Energy Through Small Hydropower Regulatory Reform,
2018
Alexander Blewett III School of Law at the University of Montana
Troubled Water: Building A Bridge To Clean Energy Through Small Hydropower Regulatory Reform, Samuel J. Panarella
Faculty Law Review Articles
This Article is presented in four Parts. Part II outlines the history of hydropower regulation in the U.S., including the environmental, geographic, and human effects of big dam hydropower development that ultimately engendered the onerous regulations currently governing all hydropower development. Building off of this history, Part III discusses America’s hydropower potential, the available methods for tapping it, and the possible environmental impacts of these methods. Part IV provides an overview of the current regulations governing small hydropower. Part V concludes by proposing areas where the regulatory framework for low-impact small hydropower should be reformed to properly and responsibly encourage …
The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs,
2018
University of Richmond
The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs, Joel B. Eisen
Law Faculty Publications
This Article proposes and applies a “conscious disregard” test for resolving the upcoming appellate litigation that involves the conflict between federal authority over the electric grid and state laws providing subsidies to nuclear power plants in the form of “zero emissions credits” (ZECs). This test draws upon principles of conflict preemption, as elaborated in three recent Supreme Court decisions on the intersection of state and federal jurisdiction over the electric grid under the Federal Power Act. It provides that if a state law explicitly aims to directly affect wholesale electricity market prices, terms or conditions, its subsidy program is impermissible …
Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause,
2018
University of Colorado Law School
Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause, Carla F. Fredericks, Jesse D. Heibel
Publications
The controversy surrounding the Dakota Access Pipeline (“DAPL”) has put the peaceful plains of North Dakota in the national and international spotlight, drawing thousands of people to the confluence of the Missouri and Cannonball Rivers outside of Standing Rock Sioux Reservation for prayer and peaceful protest in defense of the Sioux Tribes’ treaties, lands, cultural property, and waters. Spanning over 7 months, including the harsh North Dakota winter, the gathering was visited by indigenous leaders and communities from around the world and represents arguably the largest gathering of indigenous peoples in the United States in more than 100 years.
At …
A Little Known Trade Deal Could Soon Derail America's Booming Solar Industry,
2017
Cuny Graduate School of Journalism
A Little Known Trade Deal Could Soon Derail America's Booming Solar Industry, Sam Donnenberg
Capstones
A trade deal has been winding its way through hearings at the International Trade Commission for months that could have major consequences for America's solar energy industry. Two solar energy companies are requesting that tariffs be applied to Chinese solar product imports. But industry analysts say this will cause the price of solar to rise and harm the industry during a period of unprecedented growth. The petition has only one stop left on its way to approval: The desk of President Trump.
https://www.alanapipe.com/sam-donnenberg/sam-donnenberg-index.html
Username: sam-donnenberg
Password: capstone
United States V. Osage Wind, Llc,
2017
Alexander Blewett III School of Law at the University of Montana
United States V. Osage Wind, Llc, Summer Carmack
Public Land & Resources Law Review
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …
Recent Case Decisions,
2017
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Reexamination And Reformulation Of The Habendum Clause Paying Quantities Standard Under Oil And Gas Leases,
2017
University of Oklahoma College of Law
A Reexamination And Reformulation Of The Habendum Clause Paying Quantities Standard Under Oil And Gas Leases, Alex Ritchie
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Siting Carbon Dioxide Pipelines,
2017
University of Oklahoma College of Law
Siting Carbon Dioxide Pipelines, Tara K. Righetti
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
European Energy Security, American Lng, And The Global Natural Gas Marketplace,
2017
University of Oklahoma College of Law
European Energy Security, American Lng, And The Global Natural Gas Marketplace, Dr. Christopher S. Kulander
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction,
2017
University of Oklahoma College of Law
Editor's Introduction, Mason W. Smith
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation,
2017
Fordham Law School
Eminent Domain And Oil Pipelines: A Slippery Path For Federal Regulation, Natalie M. Jensen
Fordham Environmental Law Review
No abstract provided.
Federal Railroad Power Versus Local Land-Use Regulation: Can Localities Stop Crude-By-Rail In Its Tracks?,
2017
Washington and Lee University School of Law
Federal Railroad Power Versus Local Land-Use Regulation: Can Localities Stop Crude-By-Rail In Its Tracks?, Matthew C. Donahue
Washington and Lee Law Review Online
No abstract provided.
Table Of Contents,
2017
Louisiana State University Law Center
Cancellation Of Indebtedness For Publicly Tradedpartnerships,
2017
Louisiana State University Law Center
Cancellation Of Indebtedness For Publicly Tradedpartnerships, Gregory V. Nelson
LSU Journal of Energy Law and Resources
No abstract provided.
Cover,
2017
Louisiana State University Law Center
