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Energy

Legal After-Shocks on the Energy Seismograph: Judicial Prohibition of Recent State Regulation and Promotion of Power

Notwithstanding the technical merits of distributed generation, state incentives for and regulation of the power sector have come under significant legal attack during the past five years. In 23 constitutional challenges to state...

Prospects for Public Power and Distributed Renewable Energy

Recent growth in rooftop solar energy has caught the attention of utilities. Every customer who generates her own electricity is a customer who is not buying it (or at least as much of it) from the power company. Indeed, if she lives in...

Defining Power Property Expectations

To date, most government efforts to promote distributed solar energy have involved incentivizing property owners to undertake voluntary installations. However, that approach is changing, as government actors move to increase distributed...

Who Owns the Texas Sky? An Analysis of Wind Rights in Texas

Texas has again become the national leader in an emerging area of energy production. As it did with oil in the 1940s, Texas in 2006 surpassed California and became the nation’s leading producer of wind power, with an installed...

Minimizing Constitutional Risk in State Energy Policy: A Survey of the State of the Law

Constitutional challenges to new state energy policies have been mounting in state and federal courts. This Article surveys the state of the relevant law, focusing on the dormant Commerce Clause and the Supremacy Clause, and draws five...

Settlement Confidentiality: A “Fracking” Disaster for Public Health and Safety.

Confidentiality clauses in settlement agreements have become so commonplace that they seem like benign contractual terms. In reality, however, confidentiality clauses have formidable power to silence even the most outspoken plaintiffs,...

Interstate Transmission Challenges for Renewable Energy: A Federalism Mismatch

It is impossible to talk about developing renewable energy resources in the United States, especially wind power, without also talking about developing electric
transmission infrastructure. New transmission lines are needed to link...

The Path Not Yet Taken: Bilateral Trade Agreements to Promote Sustainable Biofuels Under the EU Renewable Energy Directive

In order for biofuels to count as renewable energy for transport under the European Union Renewable Energy Directive, most applicants have relied on certification by the European Commission. But bilateral agreements can also be used to...

Tug of War Over Colorado’s Energy Future: State Preemption of Local Fracking Bans

Colorado is one of the epicenters of hydraulic fracturing in the United States. In addition to promising a lower carbon fuel source and increased domestic energy security, this development has attracted opposition from local citizens...

LDAR: A Problem and a Solution for Hydraulic Fracturing

Valves, pumps, connectors, and other component parts are the crucial joints in an industrial plant’s skeletal system. Without them, movement—or in the case of a refinery or chemical manufacturing facility, processing—would be impossible...