Energy and Utilities Law Commons^™

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Demand Response And Market Power, Bruce R. Huber

Journal Articles

In her article, Bypassing Federalism and the Administrative Law of Negawatts, Sharon Jacobs educates her readers about the concept of demand response, and then describes its propagation in recent years while making the broader argument that the Federal Energy Regulatory Commission (“FERC”) — the federal government’s principal energy regulator — has engaged in a strategy of “bypassing federalism” that may entail more costs than benefits. Professor Jacobs is right to call attention to demand response and to FERC’s approach to matters of jurisdictional doubt. While I share many of her concerns about boundary lines in a federal system, I argue …

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, …

Bypassing Federalism And The Administrative Law Of Negawatts, Sharon B. Jacobs

Publications

Presidential unilateralism has become a defining feature of the executive branch. But a related and equally important phenomenon has been largely ignored: federal agency efforts to circumvent statutory federalism boundaries. This move, which the Article calls "bypassing federalism, " involves using existing jurisdictional authority to work defacto, rather than dejure, reallocations of power. The Article explores agency bypassing through the lens of the Federal Energy Regulatory Commission's ("FERC's") promotion of demand response in electricity markets. Demand response refers to customer sales of negative watts, or "negawatts," back to the electrical grid. FERC, eager to promote demand-side management programs but stymied …

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina S. Warren

Faculty Scholarship

It goes by many names: cannabis, marijuana, pot, chronic, grass, reefer, shwag, Mary Jane. Whatever the name, the trend is clear: the weed is legal but the herb ain’t green. Nearly half of all U.S. states have enacted—or have pending— legislation to legalize, decriminalize, or in some way permit the use and cultivation of marijuana. As a result, marijuana has become a significant topic of conversation in the U.S.— especially in the areas of social policy and criminal law. One conversation yet to reach fruition, however, is the industry’s projected impacts on energy demand and the climate. As the industry …

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 …

Environmental Privacy, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article looks to nuisance doctrine, surveillance under environmental statutes, and Fourth Amendment cases arising in implementation of fish and game laws (the hunter enforcement cases) to better understand our experience, to date, balancing the need for environmental information with privacy. Section A analyzes common law nuisance and its relationship to individual privacy concerns and concludes that the law affords little *7 value to or protection of privacy in the context of at least one type of environmental externality -- conduct that gives rise to a common law nuisance. Recognizing that most environmentally significant individual behaviors do not constitute a …

Importing Energy, Exporting Regulation, James W. Coleman

Fordham Law Review

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. Federal regulators and market pressures, however, increasingly demand 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.

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

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.

Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski

LSU Journal of Energy Law and Resources

No abstract provided.

Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler

LSU Journal of Energy Law and Resources

No abstract provided.

Faculty

LSU Journal of Energy Law and Resources

No abstract provided.

Table Of Contents

LSU Journal of Energy Law and Resources

No abstract provided.

Masthead

LSU Journal of Energy Law and Resources

No abstract provided.

The Ripple Effect: How A Lawsuit Seeking Cleaner Water May Be Backfiring, Sara Gonzalez-Rothi Kronenthal

LSU Journal of Energy Law and Resources

No abstract provided.

Introduction, Roger Meiners, Andrew P. Morriss

LSU Journal of Energy Law and Resources

No abstract provided.

Conservation Easements And The Development Of New Energies: Fracking, Wind Turbines, And Solar Collection, Gerald Korngold

LSU Journal of Energy Law and Resources

No abstract provided.

Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron

LSU Journal of Energy Law and Resources

No abstract provided.

The Energy Wealth Of Indian Nations, Shawn E. Regan, Terry L. Anderson

LSU Journal of Energy Law and Resources

No abstract provided.

Bayou Fuel, Iman S. Montgomery

LSU Journal of Energy Law and Resources

No abstract provided.