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Energy

Should the United States Create Trading Markets for Energy Efficiency?

For over 30 years, the United States has deployed an effective set of policies to promote energy efficiency, including appliance standards, information disclosure requirements, auto fuel economy standards, building codes, and tax...

Shattered Nerves: Addressing Induced Seismicity Through the Law of Nuisance

The number of earthquakes felt in the central and eastern United States has increased dramatically; the scientific consensus is that injection of oil and gas wastewater fluids is the most likely culprit. Regulations and voluntary...

Deployment of Ocean Renewable Energy Through Area-Based Management: Finding an Adequate Legal Framework

Renewable energy projects located in the ocean are likely to play an increasingly important role in supplying electricity worldwide. Experience in ocean management indicates that, as new uses of the seas are made available, ocean space...

BLM’s Federal Lands Fracking Rule: Merits and Ramifications

On March 20, 2015, the Bureau of Land Management (BLM) issued a final rule regulating hydraulic fracturing on federal and Indian lands. The new regulations will require public disclosure of chemicals used in fracking fluids, higher...

The Shale Oil and Gas Revolution, Hydraulic Fracturing, and Water Contamination: A Regulatory Strategy

This Article considers how to regulate the risk of water contamination from fracturing. The task entails a careful balance of competing considerations. The shale boom offers enormous benefits and should be encouraged. At the same time,...

The Critical Role of Voluntary Standards and Certification in the Hydraulic Fracturing Framework

The shifting economic, regulatory, political, and operational landscape of shale gas development requires regulatory approaches that are timely, flexible, and adaptive. Voluntary standards, particularly those that incorporate diverse...

Comment on The Shale Oil and Gas Revolution, Hydraulic Fracturing, and Water Contamination

In their article The Shale Oil and Gas Revolution, Hydraulic Fracturing, and Water Contamination, Professor Merrill and Dean Schizer have made a very thoughtful proposal that has genuine merit and deserves equally thoughtful...

A Market Approach to Regulating the Energy Revolution: Assurance Bonds, Insurance, and the Certain and Uncertain Risks of Hydraulic Fracturing

In the industrial revolution of the nineteenth century, the United States was transformed from a largely agrarian nation of farmers to a major center of manufacturing. With industrialization came new risks to public welfare and,...

Options for Regulating the Environmental Impacts of Hydraulic Fracturing

The ELI-Vanderbilt Law School Environmental Law and Policy Annual Review identifies outstanding academic work in the field of environmental law. The reviewers selected two excellent articles on the challenges of hydraulic fracturing (...

Bond What You Know and Insure What You Don’t: A Comment on A Market Approach to Regulating the Energy Revolution

It is a privilege to comment on the extensive and thoughtprovoking work of Professors Dana and Wiseman. I approach this from the perspective of my practice in the environmental regulation of natural resources industries, including coal...