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Energy

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...

What’s in a Name?: Legal Implications of the EU Recommendation on Shale Gas

On January 22, 2014, the European Commission published its Recommendation on Shale Gas calling on the Member States of the European Union (EU) to apply a set of common principles for the performance of exploration and production of...

Fundamental Inconsistencies Between Federal Biofuels Policy and Their Implications

Biofuel policies under the Renewable Fuel Standard (RFS) housed in the CAA and administered by EPA and under the Internal Revenue Code administered by the Internal Revenue Service are reviewed to demonstrate inconsistencies not only...

The Newest Player in the Climate Change/Renewable Energy Game: EPA’s $100+ Billion Clean Water State Revolving Fund

On August 13, 2013, the state of New York set an important legal precedent that could help to retard climate change and reduce greenhouse gas (GHG) emissions in the United States. On that day, the New York State Energy Research...