Dynamic Energy Federalism,
2013
Florida State University College of Law
Dynamic Energy Federalism, Hannah J. Wiseman, Hari M. Osofsky
Scholarly Publications
United States energy law and the scholarship analyzing it are deeply fragmented. Each source of energy has a distinct legal regime, and limited federal regulation in some areas has resulted in divergent state and local approaches to regulation. Much of the existing energy law literature reflects these substantive and structural divisions, and focuses on particular aspects of the energy system and associated federalism disputes. However, in order to meet modern energy challenges—such as reducing risks from deepwater drilling and hydraulic fracturing, maintaining the reliability of the electricity grid in this period of rapid technological change, and producing cleaner energy—we need …
Urban Energy,
2013
Florida State University College of Law
Urban Energy, Hannah J. Wiseman
Scholarly Publications
Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …
Getches Wilkinson Center Newsletter, Winter/Spring 2013,
2013
University of Colorado Law School
Getches Wilkinson Center Newsletter, Winter/Spring 2013, 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.
Shale Gas And Clean Energy Policy,
2013
University of Cincinnati College of Law
Shale Gas And Clean Energy Policy, Joseph P. Tomain
Faculty Articles and Other Publications
If we look behind the numbers on energy consumption, how much of that declining consumption is attributable to increases in energy efficiency and how much is attributable to a poor economy? If we look more closely at shale gas production, particularly when we consider hydraulic fracturing, what environmental costs are associated with developing this domestic resource? And, from a broader perspective, what role should natural gas, including shale gas, play in the country's clean energy future? Will we continue to favor fossil-fuel incumbents at the expense of new entrants in renewable resources and energy efficiency? This Article will address these …
A New Crop For Agricultural Land: The Renewable Energy
Mandate And Its Potential To Turn Farm Lands Into Energy
Fields,
2013
Pacific McGeorge School of Law
A New Crop For Agricultural Land: The Renewable Energy Mandate And Its Potential To Turn Farm Lands Into Energy Fields, Amy Odens
McGeorge Law Review
No abstract provided.
A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline,
2013
University at Buffalo School of Law
A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline, Daniel Hare
Buffalo Environmental Law Journal
In this paper I propose an original policy solution to the complicated issue of permitting and regulatory review for cross-border natural resource projects to allow for a smoother quicker approval process for certain types of projects. I have specifically designed this new procedure so as to focus on political compromise and minimize political partisanship, while instead concentrating on achieving results. By modi ing the current regulatory standard to a more streamlined model, deserving cross-border natural resource projects can swiftly gain approval, yet environmental, economic, foreign policy, national securit), and other significant concerns will still receive the attention and thorough evaluation …
Navigating The Fcpa's Ambiguous "Instrumentality" Provision: Lesons For The Energy Industry,
2013
TRACE International
Navigating The Fcpa's Ambiguous "Instrumentality" Provision: Lesons For The Energy Industry, Clinton R. Long
Richmond Journal of Global Law & Business
No abstract provided.
Shale Revolution Or Evolution: Opportunities And Challenges For Europe,
2013
University of Oklahoma College of Law
Shale Revolution Or Evolution: Opportunities And Challenges For Europe, Owen L. Anderson
Global Business Law Review
Will European shale gas be developed as rapidly as it has in the United States? If one considers that shale gas took about 30 years to develop from an experimental demonstration into a fast developing commercial enterprise, it should not take that long in Europe. Indeed, the United Kingdom, after lifting its moratorium on hydraulic fracturing, appears to be moving quite rapidly. Poland is actively promoting shale gas but so far without economic production. On the other hand, if one considers how rapidly shale gas has expanded in the United States since 2003 and how rapidly investment in shale gas …
Some Legal Impacts Of The Emerging International Climate Change Regime On Energy Prices,
2013
Hofstra University
Some Legal Impacts Of The Emerging International Climate Change Regime On Energy Prices, James E. Hickey Jr.
Global Business Law Review
From the beginning of scientific assessment of climate change in the late 1970’s to the most recent conference of the parties (COP) to the Kyoto Protocol in Doha in 2012 , the international community has been attempting to establish a workable legal regime to deal with climate change. The purpose of this article is to explore some of the legal effects this emerging international climate change regime may have on energy prices in the foreseeable future. Specifically, this article in section II article accepts certain predicates relating to climate change and energy prices. In section III, it lays out briefly …
"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan,
2013
Pace Law School
"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development,
2013
Pace Law School
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
Soaring energy demands and increasing technological innovation have led to the rapid exploitation of offshore oil and gas exploration and development. This Article seeks to examine elements of risk preparedness and corporate social responsibility in the context of the underwater natural gas pipeline in the Eastern Caribbean and the exploration of Florida's potential offshore energy reserves. I discuss these two case studies to illustrate the prevalence of emerging regional energy corridors in previously unfathomable tropical and subtropical locales known for tourism-intensive commercial activity. While images of environmental degradation of the 2010 BP oil spill remain entrenched in the collective consciousness, …
Energy And Environmental Law,
2013
University of Richmond
Energy And Environmental Law, Joel B. Eisen
Law Faculty Publications
This chapter covers energy law, which focuses on the production, distribution, conservation, and development of energy resources. State and federal energy laws and regulations are designed to keep prices to consumers down (particularly in certain energy industries which state and federal governments monitor to keep markets as competitive as possible) and to address economic, environmental, and national security issues.
Energy Subsidies And The World Trade Organization,
2013
Duke Law School
Energy Subsidies And The World Trade Organization, Timothy Meyer
Faculty Scholarship
In recent months the World Trade Organization (WTO) has seen increasing conflict over the rules for government support of the energy sector. Government subsidies for particular forms of energy have long influenced producers’ investment choices and consumers’ consumption patterns in ways that affect both international trade and the environment. Trade and environmental lawyers have thus closely watched the WTO’s efforts to develop rules on government support for the energy sector. This Insight outlines recent activity in the WTO on subsidies for both traditional fossil fuels and the renewable energy sector. It also discusses the difficulties posed by the increased application …
The Impact Of Shale Development On International And Domestic Oil And Gas Contracts,
2013
Cleveland State University
The Impact Of Shale Development On International And Domestic Oil And Gas Contracts, Andrew R. Thomas
Global Business Law Review
In new oil and gas provinces, such as Ohio, Pennsylvania or Ukraine, learning oil and gas customs can be a hard lesson for those trying to break into the industry as service providers. They need to get up to speed quickly on customs, form agreements, and applicable laws. But unconventional oil and gas recovery will also lead eventually to unconventional agreements. In this regard, the nascent upstream service industry in new shale provinces are not so far behind - there is reason to be to be optimistic that oil and gas companies will be rethinking how they transact business as …
Nuclear Intentions And Implied Preemption: How Energy Nuclear Vermont Yankee, Llc V. Shumlin Gives Indian Point A Fighting Chance To Stay In Business,
2013
American University Washington College of Law
Nuclear Intentions And Implied Preemption: How Energy Nuclear Vermont Yankee, Llc V. Shumlin Gives Indian Point A Fighting Chance To Stay In Business, Zachary Mason
American University Business Law Review
No abstract provided.
Dynamic Energy Federalism,
2013
University of Maryland Francis King Carey School of Law
Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman
Maryland Law Review
No abstract provided.
Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense,
2013
University of Maryland Francis King Carey School of Law
Climate Change Impacts And Nepa: Overcoming The Remote And Speculative Defense, Alana M. Wase
Maryland Law Review
No abstract provided.
Property Rights And Modern Energy,
2013
University of Missouri School of Law
Property Rights And Modern Energy, Troy A. Rule
Faculty Publications
This short article, written for a joint program of the Natural Resources and Energy Law and Property Law Sections of the American Association of Law Schools at the Association’s 2013 Annual Meeting, offers some general guidelines for adjusting property rights regimes to accommodate new energy innovations. This article suggests that, when feasible, policy actions that merely clarify ambiguities in existing law are often the simplest and most cost-effective way to respond when important technological advancements place pressure on longstanding property structures. When such policies are inadequate or unavailable, the most equitable and efficient adjustments to property arrangements tend to be …
Risk And Response In Fracturing Policy,
2013
University of Colorado Law School
Risk And Response In Fracturing Policy, Hannah J. Wiseman
University of Colorado Law Review
An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens' groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection-just one stage of …
The Promise And Perils Of Renewable Energy On Tribal Lands,
2013
University of Connecticut School of Law
The Promise And Perils Of Renewable Energy On Tribal Lands, Sara Bronin
Faculty Articles and Papers
No abstract provided.
