Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 32, No. 2, 2011

An Inconvenient Burden of Proof? Co2 Nuisance Plaintiffs Will Face Challenges in Meeting the Daubert Standard
Synopsis: Litigation regarding "climate change" allegedly caused by emissions of "greenhouse gases" - primarily CO2 - has been winding its way through the federal court system for more than half a decade. The Supreme Court has now issued two opinions...
Challenging the Re-Regulation of Liberalized Electricity Prices under Investment Arbitration
Synopsis: According to the liberalized electricity markets paradigm, free market prices are expected to stimulate sufficient investment in production capacity to meet future electricity demand. This implies that electricity producers must be able to...
Editor-in-Chief's Page
There is so much frustration in the world.There's the kind of frustration about every day life that the late Andy Rooney so accurately reported in his weekly program on "60 Minutes." The famed humorist and curmudgeon from CBS's highly acclaimed show...
Energy Law in a Nutshell
ENERGY LAW IN A NUTSHELL By Joseph P. Tomain & Judge Richard D. Cudahy, West 2011, 2nd EditionIn a light-hearted moment at his Supreme Court confirmation hearing, Justice Clarence Thomas memorably quipped, in response to a question on the merit of...
Environmental Review of Permitted Pollution: Communities for a Better Environment V. South Coast Air Quality Management District
I. INTRODUCTIONIn Communities for a Better Environment v. South Coast Air Quality Management District (South Coast Air II),1 the California Supreme Court addressed whether the South Coast Air Quality Management District (Air District)2 was required,...
In Memoriam: George F. Bruder
George F. Bruder, a former President of our Association and among the foremost practitioners before the Federal Energy Regulatory Commission and its predecessor the Federal Power Commission, passed away at his home in Cos Cob, Connecticut on June 8,...
New Chapters in the Mobile-Sierra Story: Application of the Doctrine after Nrg Power Marketing, Llc V. Maine Public Utilities Commission
Synopsis: The Mobile-Sierra doctrine mandates respect for private contracts by shielding them from regulatory interference except when necessary in the public interest. Recent Supreme Court decisions have reaffirmed the continuing vitality of the doctrine,...
President's Message
This edition of the Energy Law Journal (ELJ) continues to bring to you a wide breadth of topics that allows energy practitioners to keep up with the various changes within the energy law practice. From addressing how Mobile- Sierra is being applied under...
Preside or Lead? the Attributes and Actions of Effective Regulators
PRESIDE OR LEAD? THE ATTRIBUTES AND ACTIONS OF EFFECTIVE REGULATORS by Scott Hempling, NRRI 2010This slim paperback (144 pages)1 by Scott Hempling2 packs in lots of provocative ideas in a collection of six essays.Preside or Lead?'s lodestar is the following...
Report of the Environmental Regulation Committee
The following is the initial report of the Energy Bar Association's Environmental Regulation Committee, the successor to the Climate Change and Emissions Committee. In this report, the Committee summarizes key developments in Federal and State environmental...
Report of the Ferc Practice & Administrative Law Judges Committee
This report summarizes certain statistics pertaining to the Federal Energy Regulatory Commission (the FERC or the Commission) and the FERC Administrative Law Judges (ALJs). The report also summarizes select decisions that have issued at the FERC and...
Report of the Natural Gas Regulation Committee
This report summarizes policy developments and legal decisions that have occurred at the Federal Energy Regulatory Commission (Commission or the FERC) and the U.S. Courts of Appeals in the area of natural gas regulation. The time frame covered by this...
Report of the Oil & Liquids Pipeline Regulation Committee
This report summarizes policy developments and legal decisions that have occurred at the Federal Energy Regulatory Commission (the FERC or Commission) and the U.S. Courts of Appeals in the area of oil and liquids pipeline regulation. The time frame covered...
Report of the System Reliability & Planning Committee
The EBA System Reliability and Planning Committee is pleased to submit its annual report.* This report provides a summary of the most significant decisions, orders, and rules issued by the Federal Energy Regulatory Commission (FERC or Commission) and...
Should Large Hydroelectric Projects Be Treated as Renewable Resources?
Synopsis: President Obama has made the passage of a clean-energy standard one of his top domestic priorities. Such a standard would presumably be broader than a "renewable" energy standard by allowing more traditional forms of energy, such as nuclear,...
Treatment of Large Hydropower as a Renewable Resource
Synopsis: The decision to treat large hydropower as renewable energy by the State of Vermont is likely to be a matter that will be discussed and debated by other states as they consider the content of renewable portfolio standards (RPS). The lessons...
Unfinished Business: Ferc's Evolving Standard for Capacity Rights on Oil Pipelines
Synopsis: Over the past six years, the FERC has gradually fashioned a policy addressing a key issue in regulating oil pipelines: how to apply the 124- year old Interstate Commerce Act and its "common carrier" obligations, in a modern commercial context...
Valladolid V. Pacific Operations Offshore: Should Deference to Agency Interpretations Extend to Sub-Entities?
I. INTRODUCTIONIn Valladolid v. Pacific Operations Offshore, the Ninth Circuit held that it did not owe deference to the interpretation of a statute used by a quasi-judicial sub-entity of the United States Department of Labor (DOL).1 However, as Section...