Energy and Utilities Law Commons^™

Town Of Barnstable V. O’Connor, Taylor R. Thompson

Public Land & Resources Law Review

The United States Circuit Court of the First Circuit’s decision in Town of Barnstable v. O’Connor reignites a hotly debated offshore wind plant proposal. The First Circuit held that the Ex parte Young exception to the Eleventh Amendment applied because the complaint alleged an ongoing violation of federal law and the relief sought was prospective. The court did not discuss the merits of the claim, so the fight against the proposed wind plant powers on.

Recent Case Decisions, Daniel Franklin, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Jordan D. Volino

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Bugging The Oil And Gas Industry: The American Burying Beetle In Oklahoma, Brett Thomas

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part Two), Christopher S. Kulander

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Social License To Operate: Hydraulic Fracturing-Related Challenges Facing The Oil & Gas Industry, Don C. Smith, Jessica M. Richards

Oil and Gas, Natural Resources, and Energy Journal

The crossroads of urban development and improved technology allowing oil and gas development in new areas can result in contentious community issues. The debate over one of the improved technologies – i.e., hydraulic fracturing – can be highly emotional. Consequently, industry must address community issues, earning trust and therefore a “social license to operate.” This paper provides fundamental knowledge of the social license to operate concept, validates its application to the oil and gas industry, particularly with respect to shale gas development, discusses the current status of social license in the unconventional development sphere, analyzes current ongoing efforts for shale …

Editor's Introduction, Daniel Franklin, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Jordan Volino

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Social License To Operate: Hydraulic Fracturing-Related Challenges Facing The Oil & Gas Industry, Don C. Smith, Jessica M. Richards

Sturm College of Law: Faculty Scholarship

The crossroads of urban development and improved technology allowing oil and gas development in new areas can result in contentious community issues. The debate over one of the improved technologies – i.e., hydraulic fracturing – can be highly emotional. Consequently, industry must address community issues, earning trust and therefore a “social license to operate.” This paper provides fundamental knowledge of the social license to operate concept, validates its application to the oil and gas industry, particularly with respect to shale gas development, discusses the current status of social license in the unconventional development sphere, analyzes current ongoing efforts for shale …

The Troubled Evolution Of Energy Policy In The Eec: A Discordant Note In The Harmonization Process, Jonathan D. Fishbane

Akron Law Review

This article will explore the troubled evolution of EEC energy policy and the attendant institutional and structural tensions that have militated against a cohesive energy policy and regulatory regime. Certainly, a by-product of such an inquiry is the issue of whether energy-based decision-making has been predicated upon a communitarian vision with Pan-European meaning, or whether nationalism and the pressures of the historical moment have determined the choice of rules to be made irrespective of long- term institutional considerations. While it is recognized that energy encompasses a variety of sources, including petroleum, coal, electricity, geothermal power, and nuclear energy, this article …

Ohio Edison V. Public Utility Commission Of Ohio: Affirming The Charitable And Municipal Exception To The Policy Against Anti-Competitive Behavior, John E. Ferren

Akron Law Review

This Note will analyze the effects that the Ohio Edison decision will have on the utility industry and on electric consumers.This Note will also explore the common law rule, the background of the rule, and competition in the utility industries. This Note will thoroughly address the opinion and its underlying rationale. Finally, this Note will explore changes within the law and regulation necessary to bring competition to the public utilities industry.

Renewing Electricity Competition, David Schraub

Florida State University Law Review

The scholarly literature on law and social movement has historically focused on public law issues like environmentalism, reproductive rights, and race relations, while staying far away from business and firm behavior. Business behavior was easily understood as that of self-interested profit-maximizers and thereby left to the economics. Recently, however, social movement theorists have begun paying more attention to the business world. While traditional economic models can explain why businesses pursue higher profits, greater market shares, and superior regulatory climates, they are limited in their ability to explain how wish becomes reality. The formation and identification of market opportunities are products …

Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker

Natural Resources Journal

No abstract provided.

Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James

Natural Resources Journal

No abstract provided.

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith

Natural Resources Journal

No abstract provided.

State Refusal Triggers Constitutional Crisis: Past Is Prologue On Energy And Infrastructure, Steven Ferrey

Suffolk University Law School Faculty Works

There is a new Constitutional “federalism” issue, pitting multiple states versus the federal government in a legal fight over control of competitive power supply as the U.S. moves to more renewable energy. In the new electric economy, while federal agencies mandate competition, several states have refused. FERC Order 1000 prohibits states' favoring monopolies via state “Rights-of-First-Refusal” to insist that all power movement be given to incumbent monopolies rather than competitively allocated. This invokes both the Supremacy Clause under Article 8 of the Constitution, as well as the Article I Commerce Clause.

State sustainable energy policy has endured 10 recent significant …

Recovering From The Recovery Narrative: On Globalism, Green Jobs And Cyborg Civilization, Michael Burger

Akron Law Review

In this Essay, I make a preliminary foray into this new narrative terrain, identifying several emerging legal storylines that have arisen in the wake of climate change disruptions and that I predict will prove influential in the coming years. In Part I, I discuss the ways in which new perceptions of scale are re-defining human beings’ attachments to a sense of “place” or “dwelling” and are shaping new attitudes about what constitutes the local, posing potential problems for existing federalism schemes. In Part II, I discuss the ways in which America’s long history of nationalizing nature manifests in the discourse …

Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe

34 slides

Slides: Never Let A Crisis Go To Waste, Lester Snow

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Lester Snow, Executive Director, California Water Foundation

39 slides

Slides: The Columbia River Treaty, Barbara Cosens

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program

22 slides

Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter Mayer, P.E., Water Demand Management

20 slides