Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 27, No. 2, 2006

Congress Got It Right: There's No Need to Mandate Renewable Portfolio Standards
I. INTRODUCTIONOn August 8, 2005, President Bush signed into law the most sweeping energy bill since the 1992 Energy Policy Act.1 Weighing in at a hefty 1,724 pages, the Energy Policy Act of 2005 (EPAct 2005 or the Act)2 includes provisions on numerous...
Curiosity and Carbon: Examining the Future of Carbon Sequestration and the Accompanying Jurisdictional Issues as Outlined in the Indian Energy Title of the 2005 Energy Policy Act
I. INTRODUCTIONThe promise of successful carbon sequestration and carbon trading is on the horizon. As such, the 2005 Energy Policy Act (EPAct 2005 or the Act) has a section devoted to Indian energy that attempts to jumpstart sequestration research in...
Editor-in-Chief's Page
"Globalization 3.0 is shrinking the world from a size small to a size tiny and flattening the playing field at the same time . . .. the dynamic force . . . is the newfound power for individuals to collaborate and compete globally. . . . [a]nd the lever...
For the Long Haul: The Suitability of the Base Contract for the Sale and Purchase of Natural Gas for Long-Term Transactions
I. BACKGROUND[dagger]A. HistoryOn April 23, 2002, the North American Energy Standards Board (NAESB) issued a press release announcing the debut of the Base Contract for the Sale and Purchase of Natural Gas (NAESB Contract).1 The NAESB hailed the NAESB...
In Memoriam
Judge David I. Harfeld, of Chevy Chase, MD, passed away on May 7th from complications arising from adrenal cancer. Judge Harfeld served on the bench at the Federal Energy Regulatory Commission ("FERC") for 27 years. He is survived by his wife Doris,...
Liquefied Natural Gas (Lng) Litigation after the Energy Policy Act of 2005: State Powers in Lng Terminal Siting
I. INTRODUCTIONHistorically, the United States has relied on domestic and Canadian sources to satisfy its domestic demand for natural gas. As domestic and Canadian gas reserves have declined in recent years, however, the demand for and the price of natural...
Long-Term Natural Gas Contracts: Dead, Dying, or Merely Resting?
I. INTRODUCTIONThe last several years have been marked by considerable discourse within the natural gas industry about the decrease-over the course of the last two decades-in the length of natural gas contracts and the claimed adverse consequences associated...
Nuclear Regulation Committee Report
I. PROVISIONS OF THE ENERGY POLICY ACT OF 1978 APPLICABLE TO NUCLEAR ENERGYThe Energy Policy Act of 2005 (EPAct 2005),1 which President Bush signed into law on August 8, 2005, contains significant provisions concerning nuclear energy. EPAct 2005 provides...
President's Message
What a remarkable and exciting time for those of us in the energy industry. We have seen in the recent past a fundamental restructuring of the electric industry and continued evolution of the natural gas industry as global competition grows. Through...
Regulation and Liberalization of the European Electricity Market - a German View
As of late, "liberalization" and "regulation" of electricity markets have devolved into expressions of largely inflated use, perhaps the safest and fastest way for those terms to become meaningless. But, properly understood, these terms remain meaningful,...
Report of the Natural Gas Regulation Committee
This Report summarizes several major natural gas decisions and policy developments that have occurred at the Federal Energy Regulatory Commission (FERC or Commission) and the U.S. Courts of Appeals, plus the gas-related provisions of the Energy Policy...
The Sage Approach to Immediate Entry by Private Entities Exercising Federal Eminent Domain Authority under the Natural Gas Act and the Federal Power Act
"[Necessity is the mother of our invention."Plato, The Republic, Book IITrans. Benjamin JowettI. INTRODUCTIONFrom time to time practical necessity gives expression to a new legal development that is implicit in established forms of rights or remedies.On...
Warnings to the Unwary: Multi-Jurisdictional Federal Enforcement of Manipulation and Deception in the Energy Markets after the Energy Policy Act of 2005
"Oh what a tangled web we weave, When first we practise to deceive!"Sir Walter Scott, Marmion, Canto vi. Stanza 17I. INTRODUCTIONSome energy markets in the United States, notably California's, have proven to be vulnerable to manipulation.1 In response,...