Energy and Utilities Law Commons^™

The Border Battle: North Dakota's Suit Against Minnesota And The Future Of The Next Generation Energy Act, Thomas Braun

Hamline Law Review

Abstract

The Superagency Solution, K.K. Duvivier

McGeorge Law Review

No abstract provided.

Traditionally-Structured Electric Utilities In A Distributed Generation World, Joseph P. Tomain

Faculty Articles and Other Publications

This article argues that the twenty-first century challenge to the electric industry is different in kind from previous challenges. Further, past responses to past challenges are inadequate to meet the convergence of demands posed on investor owned electric utilities by new technologies, new markets, and new regulations. Instead, the twenty-first century challenge requires a dramatic new response as electric utilities face a new economic order and as they seek revenue protection and assurances of financial stability from their regulators.

This article will first explore current industry characteristics and challenges in Part II. Part III will then discuss the current situation …

Getches Wilkinson Center Newsletter, Winter/Spring 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske

Faculty Scholarship

No abstract provided.

The Penumbra Of The United States’
 Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And 
Implications For The Pharmaceutical
 Industry, Beverley Earle, Anita Cava

Richmond Journal of Global Law & Business

No abstract provided.

Missouri Oil And Gas Update, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

This Article proposes that a national mineral policy ("NMP") can be crafted to generate foreign direct investment ("FDI") and strengthen sustainable development goals. Less-developed countries ("LDCs") typically overlook or underestimate this federal policy imperative while seeking to harness mineral resources.' Creation of a NMP and complementary changes to federal mining investment laws can provide host countries increased opportunities as well as autonomy to profit from their own natural resources and, at the same time, investor nations can benefit from a NMP because of further mining prospects.

This Article goes on to discuss how the formulation and implementation of a NMP …

Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article focuses on the action localities have taken toward mitigating some of the adverse impacts of hydraulic fracturing, or hydrofracking. The Article will explore impacts at the local level and will show the governance gap that has resulted from federal and state regulations that leave many local impacts unmitigated. Zoning laws and other practices that local governments are adopting are also discussed, explaining why state preemption over the traditional role of local governments in regulating this particular heavy industrial activity is not the ideal situation.

Green Siting For Green Energy, Amy Wilson Morris, Jessica Owley, Emily Capello

Articles

No abstract provided.

Completing The Energy Innovation Cycle: The View From The Public Utility Commission, Jonas J. Monast, Sarah K. Adair

Faculty Scholarship

Achieving widespread adoption of innovative electricity generation technologies involves a complex system of research, development, demonstration, and deployment, with each phase then informing future developments. Despite a number of non-regulatory programs at the federal level to support this process, the innovation premium—the increased cost and technology risk often associated with innovative generation technologies—creates hurdles in the state public utility commission (“PUC”) process. These state level regulatory hurdles have the potential to frustrate federal energy goals and prevent the learning process that is a critical component to technology innovation. This Article explores how and why innovative energy technologies face challenges in …

Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock

Faculty Scholarship

A significant transition is underway within the electricity sector due to several market forces, retirement of certain plants, and regulatory pressures. There is notable overlap between available strategies for mitigating electricity sector risks and potential compliance strategies for states under the Clean Power Plan. This overlap presents regulators with an opportunity to pursue strategies that help manage the transition occurring in the electricity sector and achieve greenhouse gas reductions required under the Clean Power Plan, particularly in the areas of end-use energy efficiency and additional renewable power generation.

Lessons Of Wind Policies In Texas, Joshua Linn, Clayton Munnings

Texas A&M Journal of Property Law

Since the late 1990s, Texas has experienced more wind generator investment than any other U.S. state. It now has the most installed wind capacity of any state, and wind power accounts for a larger share of total generation in Texas than in most other states. Favorable wind resources and the relative ease of siting large projects have contributed to Texas’s prominence in wind investment and generation. Numerous policies have also played important roles, such as the federal tax credit for wind generation, the state’s renewable portfolio standard (“RPS”), and a regulatory environment conducive to new investment in the electric power …

Addressing Wind Power Intermittency In The Ercot And Spp Regions, Elizabeth Drews, Cedric Ireland, Neil Yallabandi

Texas A&M Journal of Property Law

This Article explores efforts to address challenges involving wind power intermittency in two United States power regions: the South- west Power Pool (“SPP”) and the Electric Reliability Council of Texas (“ERCOT”). SPP and ERCOT are good case studies regarding these issues because each has among the strongest wind resources in the country, most of which are in isolated, sparsely populated areas and need long transmission lines to reach major load (electricity consumption) centers. Those circumstances increase the challenge of integrating intermittent wind generation into the electric system (grid).

Importing Energy, Exporting Regulation, James W. Coleman

Faculty Journal Articles and Book Chapters

This Article identifies and addresses a growing contradiction at the heart of United States energy policy. States are the traditional energy regulators and energy policy innovators — a role that has only grown more important without a settled federal climate policy. But federal regulators and market pressures are increasingly demanding integrated national and international energy markets. Deregulation, the rise of renewable energy, the shale revolution, and new sources of motor fuel precursors like crude and ethanol have all increased interstate energy trade.

The Article shows how integrated national energy markets are driving states to regulate imported fuel and electricity based …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Navigating The Winds Of Change: Licensing, Registration, And Regulatory Overlay For Wind Farms And Associated Transmission In Texas, Dennis W. Donley Jr., Stephanie S. Potter

Texas A&M Journal of Property Law

The State of Texas leads the United States in wind energy generation capacity—it has more than twice the wind generation capacity of the next-closest state, California. If Texas was an independent nation, it would rank sixth in the world in total installed wind capacity. Texas has a rich history of legislation and regulatory effort to thank for these statistics, which reflects the knowledge that energy and infrastructure drive the economy. Starting in 1999, Texas became one of the first states to enact a Renewable Portfolio Standard (“RPS”). The RPS set a state-wide goal for new renewable energy installation with deadlines …

Sins Of The Father, K.K. Duvivier

Texas A&M Journal of Property Law

This Article will first provide some general background about severance and the related doctrine of dominant–servient estates. Next, it will address oil and gas severance specifically. Third, it will track the parallels and distinctions between the history of wind severance and the oil and gas history set out in Section II. Finally, Section IV will address the problems with the current responses to wind severance.

Ride Like The Wind: Selected Issues In Multi-Party Wind Lease Negotiations, Rod E. Wetsel, Steven K. Dewolf

Texas A&M Journal of Property Law

The large-scale wind industry arrived in Texas in the early years of the twenty-first century with the intensity of a spring tornado. It was a welcome relief to farmers and ranchers beset by years of no rain and falling prices, and they lined up in droves to hear about and sign new wind leases. It was a new dawn for energy lawyers too. Gone were the days of one-on-one representation in the leasing of land. The new era required landowner attorneys to represent dozens or perhaps hundreds of people at a time. This is the story of the issues and …

Mitigating The Impacts Of The Renewable Energy Gold Rush, Amy Wilson Morris, Jessica Owley

Articles

No abstract provided.