Energy and Utilities Law Commons^™

Mexico, T. Matthew Hansen, Eduardo Isaias Riviera Rodriguez, Alonso Gonzalez-Villalobos, Paulina Aguilar Cervantes, Michell Nader, Jose Sifuentes, Garardo Calderon-Villegas, Isaac Shefer, Stefano De Luca, Maria Cadelaria Pelayo Torres, Evangelina Flores Preciado, Alicia Vicente Rodriguez, Maria Erika Cardenas Briseno, Juan Pablo Venegas Contreras

The International Lawyer

No abstract provided.

Calibrating Liquefied Natural Gas Export Life Cycle Assessment: Accounting For Legal Boundaries And Post-Export Markets, James W. Coleman, Adebola Kasumu, Jeanne Liendo, Vivian Li, Sarah Marie Jordaan

Faculty Journal Articles and Book Chapters

The climate impact of liquefied natural gas (LNG) export from North America is one of the most pressing questions for Canadian and world energy policy today. This paper performs the first life cycle assessment (LCA) of the greenhouse gas emissions from LNG exports from Canada, assuming that importing countries use the natural gas for electricity generation. It shows that the climate impact of LNG depends on where it is sent. If LNG from Canada displaces electricity in coal-dependent countries, it will likely lower global greenhouse gas emissions. If it displaces electricity from countries that rely on low carbon sources such …

Clean Energy Federalism, Felix Mormann

Articles

Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.

Renewable portfolio standards and feed-in …

Fighting Fire With Fire: How Developing Geothermal Energy Plants On U.S. Protected Land Will Minimize The Effects Of Global Warning, Joseph B. Rinaldi

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Public-Private Financed Road Infrastructure Development In North-Central Region Of Nigeria, Adamu Mudi, John S. Lowe, David Manase

Faculty Journal Articles and Book Chapters

The development and provision of road infrastructure in Nigeria has primarily been through the traditional forms of procurement strategies by the federal, state and local governments through budgetary allocations and door-financed loans and grants this thereby leaves the Nigerian road sector in a precarious situation. In recent time, with the demand for more road infrastructure arising from the population explosion and urban-ruralmigration coupled with the financial crisis experienced by the Federal Government resulting from globaleconomic and financial crisis the Federal Government of Nigeria therefore sought to involve the private sectors in the development of road infrastructure facilities via Public-Private Partnerships …

A Dormant Commerce Clause Approach To Interstate Electricity Transmission, Felix Mormann

Articles

No abstract provided.

Intrastate Preemption In The Shifting Energy Sector, Uma Outka

University of Colorado Law Review

The United States energy sector is in a state of transition, at once moving toward cleaner energy resources, but also expanding the use of fossil fuels with new access to oil and gas plays. Although federalism concerns have dominated the literature, I argue here that the state-local relationship and intrastate preemption are shaping energy policy in important and under-examined ways. The energy transition to date has been marked by growth centered on hydraulic fracturing (fracking) and commercial wind development, both of which are mostly regulated at the state level. Local governments have exerted authority over both forms of energy production, …

Windustry And The Accommodation Doctrine: Should Oklahoma Follow In The Steps Of The Lone Star State?, Chantel P. James

Oklahoma Law Review

No abstract provided.

Plenary Energy, Carla F. Fredericks

Publications

An incompatible relationship exists between the federal trust responsibility over Indian tribes and tribal sovereignty, the conflicting nature of which has been exacerbated by numerous judicial confirmations of the unbridled congressional plenary power over all tribal affairs. Nowhere is there more conflict between the trust responsibility and sovereignty than within the context of mineral resource development on tribal lands. The evolution of the regulatory framework of Indian mineral development can be viewed as a continuum, with maximum trust obligation and minimum tribal sovereignty on one extreme, and an inversion of these two variables on the other. There currently exists pending …

The Clean Power Plan: An Introduction To Cooperative Federalism In Energy Regulation, Tina Calilung

American University Business Law Review

No abstract provided.

Horizontal Drilling, Vertical Problems: Property Law Challenges From The Marcellus Shale Boom, 49 J. Marshall L. Rev. 413 (2015), Joshua Fershee, S. Alex Shay

UIC Law Review

No abstract provided.

Energy Consumption Data: The Key To Improved Energy Efficiency, Alexandra B. Klass, Elizabeth J. Wilson

San Diego Journal of Climate & Energy Law

This Article explores recent efforts that federal, state, and local governments have taken to create regulatory frameworks to collect energy consumption data and make it available to consumers and, in some cases, to the public. Part II explains the nature of energy consumption data, the problems with not having such data readily available to consumers and policymakers, and the benefits associated with making it available to a wider range of potential users. Part III explores developing federal, state, and local policies governing energy consumption data, including how policymakers have attempted to address some of the privacy and other concerns associated …

An Analysis Of Federal Preemption And A Clean Fuel Standard In Washington State, Kirsten Nelsen

Washington Law Review Online

Transportation fuel is the greatest contributor to greenhouse gas emissions in Washington State. To curb emissions, Governor Jay Inslee has charged the Washington State Department of Ecology with developing a Clean Fuel Standard (“CFS”) proposal, which may be proposed in future legislative sessions. The goal of a CFS is to reduce the overall carbon intensity of transportation fuel. California enacted a similar program in 2010—the low carbon fuel standard—which was challenged in federal court. One issue that remains open is whether a state low carbon fuel standard would be preempted by the federal Clean Air Act. This Essay considers whether …

Keeping The Lights On During Superstorm Sandy: Climate Change And Adaptation And The Resiliency Benefits Of Distributed Generation, James M. Van Nostrand

Law Faculty Scholarship

Hurricane Sandy (ultimately downgraded to "Superstorm" Sandy by the time it hit the coasts of New York and New Jersey in late October 2012) was the most lethal and destructive hurricane in 2012, resulting in 285 deaths, $68 billion in damages, and 8.5 million utility customers in the eastern United States losing power. Superstorm Sandy provided a wake-up call for electric utilities on the need to adopt a different set of long-term planning tools to improve the resilience of the electric system against anticipated extreme weather events. The experience of Superstorm Sandy provides a case study of the system resiliency …

What’S Worse, Nuclear Waste Or The United States’ Failed Policy For Its Disposal?, Christopher M. Keegan

Law Student Publications

This comment will analyze the SNF ("spent nuclear fuel") problem in the United States and offer recommendations for how to move forward. First, Part I will summarize the path that has led to this impasse. Part II offers recommended solutions on how the United States can develop a workable SNF solution that includes a permanent repository, consolidated intermediate storage, and reprocessing. Finally, this comment will offer its conclusion that the United States should begin the process of establishing a permanent geologic repository for SNF at a location other than Yucca Mountain, create a system of consolidated interim storage to temporarily …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This article, designed as a resource for environmental law professors both domestically and abroad, addresses how environmental quality standards are created, implemented, and enforced in the United States. The answers to these questions are useful to those teaching U.S. environmental law and international scholars, especially in the European Union, who are faced with the challenge of creating new environmental quality standards under both national and EU directives. It must be noted that this project is complicated by the federal system within the country, and, thus, attention must be devoted to the federal-state relationship. In fact, the major relevant statutes, the …

Review Of Benjamin K. Sovacool And Michael H. Dworkin's Global Energy Justice: Problems, Principles, And Practices, Michael B. Gerrard

Faculty Scholarship

Energy powers the world. Having enough energy is essential to maintaining even the most minimal quality of life. But extracting and using energy renders some places uninhabitable, and now threatens the ecological integrity of the planet.

Current energy systems involve profound injustices. These injustices can arise in the ways that energy is produced – including through local and global environmental degradation, human rights abuses, corruption, and social and military conflict. Injustice can also arise in the ways that energy is or is not available – with more than a billion people having far too little for a decent existence, while …

The Democratization Of Energy, Joseph P. Tomain

Vanderbilt Journal of Transnational Law

The electricity industry is changing in dramatic ways. Most significantly, as demonstrated by the Obama Administration's Clean Power Plan, the country is witnessing the merger of energy and environmental regulation. Historically, energy regulation was driven by the need to produce more power for economic growth. By contrast, environmental regulation attended to the pollution of the environment. Production of energy depends upon the use of natural resources, and throughout the fuel cycle from extraction and transportation to the burning and disposal of those resources, the environment is directly affected. Most dramatically, greenhouse gas emissions present climate change challenges. In order to …

Compromise In Colorado: Solar Net Metering And The Case For "Renewable Avoided Cost", Alexander D. White

University of Colorado Law Review

No abstract provided.