Energy and Utilities Law Commons^™

National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters

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

No abstract provided.

Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu

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

No abstract provided.

Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat

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

No abstract provided.

American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust

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

No abstract provided.

Our Generation's Sputnik Moment: Regulating Energy Innovation, Joseph P. Tomain

Faculty Articles and Other Publications

In his 2011 State of the Union Address, President Obama stressed the necessity of innovation as the key to unlocking our economic future. More pointedly, he stated that now is "our generation's Sputnik moment." Just as the United States responded to national security threats posed by a cold war Russia, today we must respond to threats to our economy and our environment, as well as to our national security, posed by an oil addiction that we have not been able to break for over half a century. The intertwined needs to provide sufficient energy, environmental protection, and a vibrant economy …

Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann

Articles

This Article introduces an investor-orented framework for the evaluation of renewable energy policy, applies these newly developed critea to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.

The multi-trillion dollar task of scaling-up renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …

Energy Subsidies, Market Distortion, And A Free Market Alternative, Hans Biebl

University of Michigan Journal of Law Reform Caveat

Gas and coal are cheap. They are cheap because the U.S. government subsidizes their production. The result is that the marketplace does not recognize the true cost of fossil fuels. Without the subsidies, Americans—for the first time in nearly a hundred years—would experience the cost of unsubsidized fossil fuels. In a newly competitive marketplace, renewable sources of energy would be in a better position to compete. Without gas and coal subsidies, clean energy producers, who have not been able to compete with the low price of fossil fuels, might be more willing to invest in “clean, renewable, and more energy …

Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb

UIC Law Review

No abstract provided.

Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, James Kraska

Canada-United States Law Journal

No abstract provided.

Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge’ to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.

Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

There is much controversy about the mining of shale gas through a process known as hydraulic fracturing (hydrofracking) in the Marcellus Shale formation, one of the largest shale gas areas in the world. A debate is raging about its economic benefits and environmental impacts as the New York State’s Department of Environmental Conservation (DEC) considers what standards to require when it issues permits to drillers. New York State law gives permitting authority to DEC and calls into question the historical home rule authority of localities to control the location and land use impacts of gas wells, through comprehensive planning, zoning, …

The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

The oil shocks of the 1970s propelled the search for alternative fuel sources by oil-dependent countries. The United States and Brazil–then the two largest producers and consumers of ethanol in the world – focused intensely on biofuels as a substitute for oil, while other countries – such as Japan and European Union members – focused more on nuclear energy and other methods of power generation. However, from the 1980s onward, climate change emerged as a significant concern. This new focus on climate change revived the discussion about the need for alternative energy sources. In addition, during the 2000s, oil prices …

Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use tools and techniques have impressive potential to reduce energy consumption, improve the economy, and mitigate climate change. This article explores the little understood influence of local land use decision-making on energy conservation and sustainable development and how it can mitigate climate change if properly assisted by the federal and state governments. The construction and use of buildings combined with extensive vehicular travel throughout the nation’s human settlements consume large amounts of energy, and much of that consumption is highly inefficient. By enforcing and enhancing energy codes, encouraging the use of combined heat and power and district energy systems, …

Tribal Energy Development: Renewables And The Problem Of The Current Statutory Structures, Judith Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby

Natural Resources Journal

No abstract provided.

Building- Related Renewable Energy And The Case Of 360 State Street, Sara Bronin

Faculty Articles and Papers

This Article argues that a well-conceived policy approach to building-related renewable energy (“BRRE”) — that is, renewable energy incorporated into inhabited structures and used by those structures’ occupants — could transform the way we produce and consume energy by maximizing efficiency while simultaneously minimizing energy sprawl. The vast majority of Americans favor renewable energy, at least in concept. Yet private property owners still face significant obstacles in trying to incorporate renewable energy into their projects. This Article analyzes barriers faced by the project team for 360 State Street, an award-winning, mixed-use LEED® Platinum building in downtown New Haven, Connecticut. Among …

Preventing Atoms For Peace From Becoming Atoms Of Terror: The National Environmental Policy Act Is Not A Vehicle For Addressing Terrorism, David D. Leege

Catholic University Law Review

No abstract provided.

Distributed Energy Resources, "Virtual Power Plants," And The Smart Grid, Joel B. Eisen

Law Faculty Publications

The specific focus of this Article is on the "virtual power plant" (VPP) concept, an intriguing idea that involves an aggregation of DERs to provide a "fleet" of resources that can serve as the functional equivalent of a traditional power plant. As the name suggests, this fleet of DERs can add up in the aggregate to the equivalent of a significant resource. Under certain conditions, this resource can be used on the grid (i.e., dispatched) much as a conventional power plant would be. This could reduce demand for fossil fuel-fired plants by enabling a utility to avoid generating electricity or …

Energy Policy: Past Or Prologue?, Michael J. Graetz

Faculty Scholarship

The United States was remarkably complacent about energy policy until the Arab oil embargo of 1973. Since then, we have relied on unnecessarily costly regulations and poorly designed subsidies to mandate or encourage particular forms of energy production and use. Our presidents have quested after an elusive technological “silver bullet.” Congress has elevated parochial interests and short-term political advantages over national needs. Despite the thousands of pages of energy legislation enacted over the past four decades, Congress has never demanded that Americans pay a price that reflects the full costs of the energy they consume. Given our nation’s economic fragility, …

Becoming Positive About Being Carbon Neutral:Requiring Public Accountability Forinternet Companies, Alexandra L. Pichette

Vanderbilt Journal of Entertainment & Technology Law

Every year, worldwide dependence on Internet and other information technology services grows. In many ways, the increased use of electric energy is positive for the environment; after all, using the Internet to access a document uses less energy than printing and distributing that document. Nonetheless, Internet companies expend a great deal of energy when they, for example, fire up their servers to satisfy a search request. Studies show that Internet companies are disproportionately large energy consumers, and are responsible for a growing number of carbon emissions. As a result, environmentalists are becoming concerned about the effects of these emissions on …