Market Power In Power Markets: The Filed-Rate Doctrine And Competition In Electricity,
2013
American Antitrust Institute
Market Power In Power Markets: The Filed-Rate Doctrine And Competition In Electricity, Sandeep Vaheesan
University of Michigan Journal of Law Reform
State and federal initiatives have opened the American electric power industry to competition over the past four decades. Although the process has not occurred uniformly across the country, wholesale electricity markets exist everywhere today. Independent power producers can construct generation facilities and sell their output to utilities and industrial customers through bilateral contracts. In many regions, centralized power markets now facilitate the sale of billions of dollars in electricity annually through auctions. Although market forces have replaced direct price regulation in electricity, antitrust enforcement has not expanded its role commensurately. A lack of competition has been a serious problem in …
The Food Safety Modernization Act’S True Implications For Sustainable Agriculture,
2013
Washington and Lee University School of Law
The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Wasting Our Options? Revisiting The Nuclear Waste Storage Problem,
2013
Washington and Lee University School of Law
Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Table Of Contents,
2013
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime,
2013
Washington and Lee University School of Law
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson
Washington and Lee Journal of Energy, Climate, and the Environment
Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country,
2013
Washington and Lee University School of Law
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims,
2013
Atlanta's John Marshall Law School
Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley
Washington and Lee Journal of Energy, Climate, and the Environment
The mining claim patent process was much less rigorous in the early days of mining when nearly anyone willing to expend the $500 on “patent improvements,” pay for a mineral survey, and pay the statutory purchase price could patent a mining claim very easily. Over time, the United States government has grown increasingly reluctant to patent mining claims and to allow mining activities to occur on unpatented federal public domain lands. The U.S. government argues that its reluctance to allow mining is simply an environmental concern. However, the U.S. tightening of private mining upon federal lands also coincides with a …
Masthead And Front Matter,
2013
Washington and Lee University School of Law
Masthead And Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program,
2013
William & Mary Law School
Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao
William & Mary Environmental Law and Policy Review
In the year following the Fukushima nuclear disaster in March 2011, the renewable and clean energy industries faced significant turmoil— from natural disasters, to political maelstroms, from the Great Recession, to U.S. debt ceiling debates. The Department of Energy’s Loan Guarantee Program (“DOE LGP”), often a target since before it ever received a dollar of appropriations, has been both blamed and defended in the wake of the bankruptcy filing of Solyndra, a California-based solar panel manufacturer, in September 2011, because of the $535 million loan guarantee made to it by the Department of Energy (“DOE”) in 2009. Critics have suggested …
Small-Scale Generation: Issues In Standardizing Power Purchase Agreements,
2013
Suffolk University Law School
Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno
Suffolk University Law School Faculty Works
This note provides an introduction to the issues surrounding the design of Power Purchase Agreement's (PPAs). Programs to attract investment in small-scale electricity generation, often powered by renewable energy sources, have become increasingly common in the developing world as governments seek to both expand access to electricity and improve sustainability. A valuable tool for such programs is a well-crafted, standardized power purchase agreement, which can reduce transaction costs for generators and government agencies alike and substantially improve the economics of small generation facilities. This note discusses key considerations in designing a standardized agreement for a small power producer program. The …
David Sive Award For Best Brief Overall,
2013
Texas Tech University School of Law
David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer
Pace Environmental Law Review Online Companion
No abstract provided.
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation,
2013
Pepperdine University
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup
Pepperdine Law Review
This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.
Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues,
2013
Pepperdine University
Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz
Pepperdine Law Review
No abstract provided.
Energy In The Eighties—Energy Law Symposium: Lng In Southern California,
2013
Pepperdine University
Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz
Pepperdine Law Review
In Malibu, California, on November 15, 1980, Pepperdine University School of Law hosted a symposium which focused on energy decision-making and the attorney's role in the energy regulatory process. A cross section of viewpoints was represented including: officers from the utility companies; personnel from federal and state regulatory agencies; landowners from the proposed siting area; and others who play an important role in deciding whether and how to bring LNG to California. The Symposium provided a forum for a panel discussion of the siting process. Western Liquefied Natural Gas's attempt to bring liquefied natural gas to Southern California was used …
The ‘Value Of Solar’ Rate: Designing An Improved Residential Solar Tariff,
2013
Elisabeth Haub School of Law at Pace University
The ‘Value Of Solar’ Rate: Designing An Improved Residential Solar Tariff, Karl R. Rábago
Elisabeth Haub School of Law Faculty Publications
The most commonly adopted rate treatment for residential solar systems connected to the grid is net metering, or, as it is also known, net energy metering. The first net metering tariff was adopted in 1983, and the approach is part of utility policy in over 40 states in the U.S.
The Development Of Outer Continental Shelf Energy Resources,
2013
Pepperdine University
The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones
Pepperdine Law Review
An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.
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 …
