Energy and Utilities Law Commons^™

Slides: Groundwater Protection Council, Steven P. Musick

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Steven P. Musick, P.G., Groundwater Protection Council

11 slides

Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Richard E. Schwartz, Crowell & Moring LLP

38 slides

Sins Of The Father, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Are the sins of previous generations of energy development, such as with oil and gas, being visited on the newest forms of energy? That is the question this article attempts to address. Specifically, this article will focus on the problems created by the severance of the mineral estate from the surface and the related dominant mineral–servient surface estate doctrine. Hydrofracturing or “fracking” for oil and natural gas has placed the problems of split estates in the spotlight more than they been in generations. People have been shocked to find drill rigs in their backyards, school playgrounds, and parks. They have …

Out Through The In Door—Shale Gas Set To Reverse The Direction Of Lng Sales In America, Christopher S. Kulander

LSU Journal of Energy Law and Resources

No abstract provided.

Masthead

LSU Journal of Energy Law and Resources

No abstract provided.

Table Of Contents

LSU Journal of Energy Law and Resources

No abstract provided.

Faculty

LSU Journal of Energy Law and Resources

No abstract provided.

System Check: Balancing Texas’S Need For Naturalresources Exploration With Texas Landowner Rights In Light Of Texas Rice Land Partners V. Denbury Green Pipeline-Texas, Cavarrio Carter

LSU Journal of Energy Law and Resources

No abstract provided.

Strategic Retreat: A Proposed Response To Evasive Energy Company Tactics Following The Shale Boom-And-Bust, Samuel S. Crichton

LSU Journal of Energy Law and Resources

No abstract provided.

Shifting Sands: An Analysis Of Opec Under U.S. Antitrust And Eu Competition Law And How The U.S. Oil Boom Might Change It All, Christopher J. Lento

LSU Journal of Energy Law and Resources

No abstract provided.

Do Not Disturb: A Practical Guide For What Not To Do Around Cemeteries And Human Remains For The Louisiana Energy And Land Use Practitioner, Ryan M. Seidemann

LSU Journal of Energy Law and Resources

No abstract provided.

A Binding And Perpetual Obligation: Protecting Louisiana’S Sixteenth Section Land As A Natural Resource, Zachary Howser

LSU Journal of Energy Law and Resources

No abstract provided.

Cambria's Water War: Legal Analysis Of The Building Moratorium And Its Implications For Land Owners, Jayson Parsons

Political Science

With each passing year, Cambria, California's building moratorium becomes increasingly controversial. The moratorium, enacted by the local community services district in 1986 due to a series of water shortages, has resulted in nearly 43% of all property owners under the district's purview to be denied the ability to develop their parcels. This paper seeks to examine the constitutionality of this moratorium using relevant regulatory takings jurisprudence.

Reviewing United States Supreme Court precedent, including Pennsylvania Coal v. Mahon (1922), Penn Central Transport v. New York City (1978), Lucas v. South Carolina Coastal Council (1992), and Tahoe-Sierra Preservation Council …

Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey

Journal of the National Association of Administrative Law Judiciary

This comment will explain why the federal nuclear waste management program is at a standstill and will suggest a course of action for the NRC to help revive the program. Part II describes the environmental hazards of spent nuclear fuel and the federal government’s effort to site and build a geologic repository for this nuclear waste. Part III explains the role of the NRC in the nuclear regulatory scheme and how safety and environmental regulations are promulgated and enforced. Part IV narrows in on the NRC rulemakings called the “Waste Confidence Decision” and “Temporary Storage Rule,” and the reasons why …

Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby

William & Mary Environmental Law and Policy Review

No abstract provided.

Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter

William & Mary Environmental Law and Policy Review

This Article analyzes the role of offshore petroleum legislation in contributing to offshore facility integrity incidents in Australia’s offshore petroleum jurisdiction. It examines the regulatory framework that existed at the time of the Varanus Island, Montara, and Macondo facility incidents, determining that the regulatory regime contributed to each of these incidents. Assessing the response of the Commonwealth government to the regulatory framework existing at the time of the events, particularly the integration of well regulation as part of the National Offshore Petroleum Safety Authority’s (“NOPSA”) functions and the establishment of a national offshore regulator, this Article determines that while the …

Drones, Henry H. Perritt Jr., Eliot O. Sprague

All Faculty Scholarship

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article evaluates drone technology and design …

Carbon Outlasts The Law: States Walk The Constitutional Line, Steven Ferrey

Suffolk University Law School Faculty Works

State carbon policies to control climate warming and our energy future are under legal attack. A successful barrage of litigation now invokes the dormant Commerce Clause and the Federal Power Act as interpreted through the Filed Rate Doctrine, as well as the Supremacy Clause of the U.S. Constitution, to challenge the legal validity and sustainability of these state carbon-based laws. California and other states have survived these legal challenges sparingly, and then often only by prevailing with procedural defenses that dismiss the case before a decision on the legal merits of their state energy regulation. This Article examines and analyzes …

Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh

Public Land & Resources Law Review

As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.

Europe Should Dump Cap-And-Trade In Favor Of Carbon Tax With Reinvestment To Reduce Global Emissions, Stephen Sewalk

Washington and Lee Journal of Energy, Climate, and the Environment

It is time for the European Union to dump the EU-ETS cap-and trade system, as it is not working. By adopting a carbon tax with reinvestment, the European Union (EU) could reduce its economy-wide emissions by forty-eight percent (and emissions from buildings and utilities by sixty-five percent) within twenty years while automatically putting in place a border tax adjustment. By adopting the carbon tax with reinvestment, the EU's trading partners would be heavily encouraged to adopt the same system, thereby dramatically reducing global emissions. This adoption would occur much like the EU adopting the Value-Added Tax and 150 countries following …