Energy and Utilities Law Commons^™

Energy Litigation Update 2018, Mark D. Christiansen

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction And Front Pages, Veronica Threadgill

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Unforced Errors, Legal Fulcrum & International Climate, Steven Ferrey

Minnesota Journal of Law, Science & Technology

No abstract provided.

Traditional Public Utility Law And The Demise Of A Merchant Transmission Developer, Meredith Hurley

Northwestern Journal of Law & Social Policy

No abstract provided.

“100 Percent Renewable”: Company Pledges And State Energy Law, Uma Outka

Utah Law Review

Corporate demand for clean power emerged with new force and influence in postelection energy policy. As the Trump Administration decisively reemphasized fossil fuels, leading companies countered by pledging to power their operations with renewable energy. This Article assesses recent regulatory reforms at the state level responsive to these corporate pledges and considers the barriers and opportunities the reforms present for companies, for states, and for emissions reduction goals. It traces how corporate energy purchasing has evolved and how new policy innovations are extending that trajectory across a growing number of states. With a focus on reforms expanding access to renewable …

Enabling Electric Storage Participation In Wholesale Markets: An Analysis Of Ferc Order No. 841, Glenn A. Smith

Master of Science in Energy Systems Management

This study has been performed to understand the potential impact that the Federal Energy Regulatory Commission’s (FERC) Order No. 841 will have on the adoption of energy storage resources (ESR). This analysis looked at: (1) the Order’s requirements, (2) FERC’s exercise of its authorized jurisdiction within the Order, and (3) actions taken by the Regional Transmission Organizations (RTO), Independent System Operators (ISO) and FERC to demonstrate compliance with the Order’s requirements:

Order No. 841 utilizes a participation model to ensure ESR’s are able to participate in wholesale electricity markets to an extent that is reflective of a resource’s physical and …

Enabling Electric Storage Participation In Wholesale Markets: An Analysis Of Ferc Order No. 841, Glenn A. Smith

Master's Projects and Capstones

This study has been performed to understand the potential impact that the Federal Energy Regulatory Commission’s (FERC) Order No. 841 will have on the adoption of energy storage resources (ESR). This analysis looked at: (1) the Order’s requirements, (2) FERC’s exercise of its authorized jurisdiction within the Order, and (3) actions taken by the Regional Transmission Organizations (RTO), Independent System Operators (ISO) and FERC to demonstrate compliance with the Order’s requirements:

Order No. 841 utilizes a participation model to ensure ESR’s are able to participate in wholesale electricity markets to an extent that is reflective of a resource’s physical and …

Juliana V. United States, Daniel Brister

Public Land & Resources Law Review

In 2015, a group of adolescents between the ages of eight and nineteen filed a lawsuit against the federal government for infringing upon their civil rights to a healthy, habitable future living environment. Those Plaintiffs in Juliana v. United States alleged that the industrial-scale burning of fossil fuels was causing catastrophic and destabilizing impacts to the global climate, threatening the survival and welfare of present and future generations. Seeking to reduce the United States’ contributions to atmospheric carbon dioxide, Plaintiffs demanded injunctive and declaratory relief to halt the federal government’s policies of promoting and subsidizing fossil fuels, due to the …

Appalachian Voices V. State Water Control Board, Thomas C. Mooney-Myers

Public Land & Resources Law Review

The Virginia State Water Control Board certified the issuance of permits for the construction of a natural gas pipeline that traversed over 300 miles of Virginia in addition to other states. Local environmental groups and individuals petitioned the Fourth Circuit to review the certification under the Administrative Procedure Act. The Fourth Circuit Court of Appeals gave deference to the agency’s actions and denied the petition for review.

California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele

Brooklyn Journal of Corporate, Financial & Commercial Law

Offshore drilling accounts for billions of dollars in tax revenue every year. It is a pillar of the energy industry and is crucial to the economy. A recent flurry of deregulation, accelerating with the arrival of the Trump administration, highlights the tremendous impact politics has upon the profitability of this sector. The Secretary of the Interior, under the direction of the President, wields the power to regulate and make determinations into where, when, and how private companies can drill offshore. These private companies have contracts with the government for the opportunity to produce and develop oil or gas on the …

Clean Energy Equity, Felix Mormann

Faculty Scholarship

Solar, wind, and other clean, renewable sources of energy promise to mitigate climate change, enhance energy security, and foster economic growth. But many of the policies in place to promote clean energy today are marred by an uneven distribution of economic opportunities and associated financial burdens. Tax incentives for renewables cost American taxpayers billions of dollars every year, yet the tax code effectively precludes all but the largest banks and most profitable corporations from reaping the benefits of these tax breaks. Other policies, such as renewable portfolio standards that set minimum quota to create demand for renewable electricity require such …

Indigenous Environmental Network V. United States Department Of State, Seth Sivinski

Public Land & Resources Law Review

Pipelines are an extremely efficient way to move large amounts of oil and gas across long distances. However, pipelines have become a lightning rod for environmentalists opposing the lines’ construction and the energy sector which considers the lines a must to achieve energy independence and security. Pipelines are massive projects often crossing interstate and international boundaries. As a result, they are subject to an extensive amount of government regulation with an accompanying assortment of legal challenges. Indigenous Environmental Network v. United States Department of State is the latest case in the Keystone XL pipeline saga, wherein the United States District …

Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker

Public Land & Resources Law Review

In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.

Murray V. Bej Minerals, Llc, Brett Berntsen

Public Land & Resources Law Review

Part of a dispute some 66 million years in the making, Murray v. BEJ Minerals, LLC considered for the first time whether dinosaur fossils—specifically a one-of-a-kind specimen containing entombed “dueling dinosaurs”—qualified as “minerals” for the purposes of a property transaction under Montana law. Finding no consistent statutory or dictionary definition for “mineral,” the Ninth Circuit relied on a test previously utilized by the Montana Supreme Court to hold that the dinosaur fossils constituted minerals due to their rare and exceptional qualities and were therefore part of the property’s mineral estate. The decision was promptly nullified, however, as the Ninth Circuit …

Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains

Public Land & Resources Law Review

In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …

Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V

Public Land & Resources Law Review

The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s path, were futile.

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Gaping Hole: Darning International Corporate Liability For Environmental Disasters And Human Rights, Veronica Threadgill

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Give Me Disproportionate Economic Hardship Or Give Me Death: The Application Of Administrative Review To The Renewable Fuel Standard – Sinclair Wyoming Refining Co. V. Epa, Andrew Rasbold

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.