Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 26, No. 1, 2005

Crude Awakenings: Global Oil Security and American Foreign Policy
CRUDE AWAKENINGS: GLOBAL OIL SECURITY AND AMERICAN FOREIGN POLICY by Steve Yetiv, Cornell University Press, 2004It has been over thirty years since the 1973 Arab oil embargo and since the United States' awakening to the fact that it no longer owned or...
Editor's Page
Oscar Wilde once wrote that in matters of great importance, style rather than sincerity, is the essential thing. I have long felt just the opposite is truethat sincerity is what counts. Since assuming the role of Editor-in-Chief of the Energy Law Journal,...
From Insull to Enron: Corporate (Re)regulation after the Rise and Fall of Two Energy Icons
I. INTRODUCTIONFor most Americans, the sudden and horrific collapse of the Enron Corporation will go down as the most shocking and significant corporate event of their generation. Yet, remarkably, it is a surprise to many people that the New Deal regulatory...
If It's Worth a Dam, It's "Navigable Waters": A Proposed Revision of Section 3(8) of the Fpa Derived from Decisions Followed in Fpl Energy Maine Hydro Llc V. Ferc
This case note discusses the navigable waters standard as set forth in section 3(8) of the Federal Power Act (FPA).1 Once a waterway is determined to be navigable, it is subject to extensive federal licensing requirements promulgated by the Federal Energy...
IN MEMORIAM: Richard A. Solomon
Richard A, Solomon, who brilliantly served the public in a number of capacities, died on January 23, 2005.Dick, born in New York in 1917, graduated from Harvard in 1939, and received his law degree from Yale in 1943. He became a JAG Officer serving in...
Liquefied Natural Gas Import Terminals: Jurisdiction over Siting, Construction, and Operation in the Context of Commerce Clause Jurisprudence
I. INTRODUCTIONOn March 24, 2004, the Federal Energy Regulatory Commission (the FERC or the Commission) issued a declaratory order in response to an application by a firm called Sound Energy Solutions (SES). The order asserted exclusive jurisdiction...
Market Manipulation, Market Power, and the Authority of the Federal Energy Regulatory Commission
"Of the Commission's primary task there is no doubt, however, and that is to guard the consumer from exploitation by non-competitive electric power companies."1"Give us the tools and we will finish the job."2I. INTRODUCTIONFor years, the Federal Energy...
Report of the Electric Utility Regulation Committee
I. INTRODUCTIONIn 2004, the Federal Energy Regulatory Commission (Commission or FERC) continued to focus on the development of Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs). This report discusses developments concerning...
Report of the Legislation and Regulatory Reform Committee
The push in Congress, begun in early 2001, to enact comprehensive energy policy legislation stalled yet again in 2004. Notwithstanding that fact, several provisions under discussion in that context, together with a handful of other legislative proposals,...
Report of the Natural Gas Regulation Committee*
This Report summarizes several major natural gas decisions and policy developments that were issued by or are under consideration at the Federal Energy Regulatory Commission (Commission or FERC) and the courts in 2004. The topics are covered in the following...
The Tangled Web: Regulation, Interstate Pipeline Companies, and Due Process Rights of Property Owners
I. SUMMARYIn May of 2002, a group of Illinois property owners (Property Owners) sued Natural Gas Pipeline Company of America (Natural) in the United States District Court for the Northern District of Illinois alleging that Natural violated their right...
Tradable Green Certificate Systems in the E.U.*
I. INTRODUCTIONThree main goals are at the core of the European Union (E.U.) energy policy of the last decade: firstly, liberalisation of national electricity markets, to the end of lowering energy prices for consumers; secondly, fulfillment of the E.U....