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Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds 2014 Tilburg Law School

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

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

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is …


Capital Rigidities, Latent Externalities, Shi-Ling Hsu 2014 Florida State University College of Law

Capital Rigidities, Latent Externalities, Shi-Ling Hsu

Scholarly Publications

Capital, one of two fundamental inputs to production, is critical to economic growth. As such, legal rules and institutions generally seek to create more of it, and they also seek to protect existing capital from policy changes. However, capital is often durable, and during its natural life, information may emerge pointing to negative externalities resulting from operation of that capital. Legal rules and institutions, in seeking to stimulate and sustain economic growth by promoting and protecting capital, thus tend to induce the creation of excess capital. This abundance of capital creates excess resistance to new regulation or policy reform, as …


Table Of Contents, 2014 Washington and Lee University School of Law

Table Of Contents

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

No abstract provided.


Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael 2014 University of Windsor Faculty of Law

Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael

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

This article outlines and addresses the specific patent issues affecting the oil and gas industry. In so doing, it argues that the business realities of the industry, coupled with its fast-paced environment, make it a perfect example of why the current patent prohibition against professional skills and business methods must be reformed.


Masthead & Front Matter, 2014 Washington and Lee University School of Law

Masthead & Front Matter

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

No abstract provided.


The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr. 2014 Northeastern University

The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr.

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

One of the oldest doctrines of environmental law, the public trust doctrine, is sufficiently ambiguous that it risks threatening widespread adoptions of alternative energy sources such as wind energy. Because of this, the public trust doctrine threatens the protection of the environment in the name of protection of the environment. Yet, the public trust doctrine and future energy policy should be complementary and not exclusionary of each other. In light of this, whether an agency has public trust authority should be determined based on six factors: the legal authority of state fiduciaries; due diligence by state fiduciaries in determining if …


Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein 2014 Tulane University School of Law

Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein

Florida State University Law Review

This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be a game-changer for many facets of our grid, providing better integration of renewable energy, enhanced reliability, and reduced use of carbon-intensive fuels. Energy storage faces a number of obstacles, however, including technological, financial, and regulatory uncertainty. This Article focuses on the regulatory uncertainty, and defends the proposition that not all regulatory uncertainty is created equal. It argues for differential treatment of this uncertainty, depending on its context, scope, and source, and …


Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis 2014 Jackson Kelly PLLC

Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis

West Virginia Law Review

No abstract provided.


Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon 2014 Robinson & McElwee PLLC

Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon

West Virginia Law Review

No abstract provided.


Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen 2014 University of Utah College of Law

Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen

West Virginia Law Review

No abstract provided.


Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks 2014 Jackson Kelly PLLC

Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks

West Virginia Law Review

No abstract provided.


The Double Helix Of Supremacy And Commerce Clause Constitutional Restraints Encircling The New Energy Frontier, Steven Ferrey 2014 Suffolk University Law School

The Double Helix Of Supremacy And Commerce Clause Constitutional Restraints Encircling The New Energy Frontier, Steven Ferrey

Suffolk University Law School Faculty Works

This article unwinds the legal double helix to examine the constitutional jurisdictional assault on American energy infrastructure and law. We examine pivotal elements of the Commerce Clause, the Supremacy Clause, and procedural aspects of ongoing challenges on energy and climate change law. We untwist and dissect energy law and regulation, focusing on key cases in the East, the Midwest, and California. In integrating the recent federal court interpretations, the Article I and VI constitutional double helix remains the critical legal restriction arresting the future of U.S. energy policy and infrastructure. Each region's law creates a distinct wedge into energy infrastructure, …


Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks 2014 Dinsmore & Shohl LLP

Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks

West Virginia Law Review

No abstract provided.


Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld 2014 Hebrew University of Jerusalem

Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld

West Virginia Law Review

No abstract provided.


Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein 2014 University of Florida Levin College of Law

Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein

UF Law Faculty Publications

This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be a game-changer for many facets of our grid, providing better integration of renewable energy, enhanced reliability, and reduced use of carbon-intensive fuels. Energy storage faces a number of obstacles, however, including technological, financial, and regulatory uncertainty. This Article focuses on the regulatory uncertainty, and defends the proposition that not all regulatory uncertainty is created equal. It argues for differential treatment of this uncertainty, depending on its context, scope, and source, and …


Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee 2014 West Virginia University College of Law

Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee

West Virginia Law Review

No abstract provided.


Confidential Information And Governments: Balancing The Public's Right To Access Government Records And An Oil And Gas Company's Right To Protect Confidential Information, Stephen Burns, Todd Newhook, Sébastien Gittens 2014 Bennett Jones

Confidential Information And Governments: Balancing The Public's Right To Access Government Records And An Oil And Gas Company's Right To Protect Confidential Information, Stephen Burns, Todd Newhook, Sébastien Gittens

Dalhousie Law Journal

This paper explores the relationship between the public's right to access records in the custody or under the control of the government with the oil and gas industry's need to protect its confidential information from disclosure. Focusing on practical issues, the authors review the law of confidence, the structure of the access to information legislation and related case law, the public policy considerations supporting same, and some of the risks and pitfalls that organizations can avoid if they consider such legislation when interacting with public bodies.


Deepwater Horizon: Lessons For The Offshore, Wiley Spicer 2014 Wylie Spicer

Deepwater Horizon: Lessons For The Offshore, Wiley Spicer

Dalhousie Law Journal

This paper reviews the regulatory framework governing offshore oil and gas operations on the continental shelf. Offshore exploration comprises both marine and industrial elements, regulated through a complex web of national (coastal state) regulation and international conventions, the latter primarily directed towards the marine aspects of operations. Following the Deepwater Horizon disaster of 2010, the adequacy of current regulatory approaches came under increased scrutiny It is argued in this paper that the growing complexity of the industry, coupled with increasing activity in deepwater and Arctic environments, requires development of a more robust system of international regulation.


The Land Tenure System In The Newfoundland And Labrador Offshore Regulatory Regime: Review, Analysis And Current Issues, Alexander MacDonald, Nick Crosbie 2014 Cox & Palmer

The Land Tenure System In The Newfoundland And Labrador Offshore Regulatory Regime: Review, Analysis And Current Issues, Alexander Macdonald, Nick Crosbie

Dalhousie Law Journal

The development of an offshore oiland gas industry in the Gulf ofSt. Lawrence has created, for the first time, the potential for interactions between the Newfoundland and Labrador offshore regulatory regime and other regimes (either the new regime in Quebec or the National Energy Board). As industry participants evaluate where they will spend their exploration dollars, they will need to understand the various regulatory regimes in place. Land tenure in Newfoundland and Labrador is similar to the regime in places subject to the jurisdiction of the National Energy Board. Over the past 25 years, however the decisions of the courts …


Foreword, Phillip Saunders 2014 Dalhousie University

Foreword, Phillip Saunders

Dalhousie Law Journal

This special edition of the Dalhousie Law Journal includes selected papers from the 4th East Coast Seminar of the Canadian Energy Law Foundation. The scope and depth ofthe articles which follow demonstrate the growing maturity ofthe East Coast Energy sector, both inthe refinement and further definition of the offshore exploration and exploitation regimes that were the focus ofthe 1st East Coast Seminar in 2000, and the increasing relevance of government and industry interest in land-based hydrocarbons as well as alternative energy sources such as wind and tidal power. This collection reflects the importance of these developments, and also extends to …


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