Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 31, No. 2, 2010

A Clean Energy Deployment Administration: The Right Policy for Emerging Renewable Technologies
Synopsis: A Clean Energy Deployment Administration (CEDA) or "green bank" has the potential to direct responsible government incentives towards a group of critical clean energy technologies that currently lack much-needed government support - "emerging"...
China's 2007 Anti-Monopoly Law: Competition and the Chinese Petroleum Industry
Synopsis: The National People's Congress of the People's Republic of China passed the Anti-Monopoly Law (AML) in 2007. The law, which formally took effect in August 2008, provides a holistic framework for the regulation of competition. Its purpose is...
Editor-in-Chief's Page
"And how do we keep our balance? That I can tell you in one word: Tradition! Because of our traditions, we've kept our balance for many, many years." - Tevye, from Fiddler on the RoofTevye's opening lines to Fiddler on the Roof remind me of an oral argument...
Energy Bar Association General Counsel Roundtable
MR. SMITH:We have a terrific panel this morning. In putting this panel together, my basic hypothesis was that there is an awful lot of energy law going on outside of FERC, the agency where a lot of us spend our days. This was confirmed for me when I...
In Memoriam: Bruce W. Neely
Bruce Neely passed away on August 10, 2010, after complications from back surgery. Although Bruce had managed his way through a number of serious health challenges in recent years, he had expected to have a successful recuperation in anticipation of...
In Memoriam: Carl D. Hobelman
Carl Hobelman, a friend and colleague to many in the Energy Bar, died on August 31, 2010. As a hard-working and highly intelligent practitioner, Carl spent his entire career with LeBoeuf, Lamb, Greene & MacRae (now Dewey & LeBoeuf), beginning...
In Memoriam: George P. Lewnes
George P. Lewnes, 86, who served as an Administrative Law Judge at the Federal Power Commission (FPC), later the Federal Energy Regulatory Commission, for 20 years, died on September 12, 2010. Judge Lewnes was initially hired by the FPC as a trial attorney...
Lights Out: Ten Myths about (and Real Solutions to) America's Energy Crisis
LIGHTS OUT: TEN MYTHS ABOUT (AND REAL SOLUTIONS TO) AMERICA'S ENERGY CRISIS by Spencer Abraham (with William Tucker), St. Martin's Press 2010Reviewed by Jay MatsonFormer United States Senator and Secretary of Energy Spencer Abraham is following the same...
Long-Term Liability for Carbon Capture and Storage in Depleted North American Oil and Gas Reservoirs - a Comparative Analysis
Synopsis: State legislation in North America that addresses whether a government will accept long-term liability for damage arising from the release of carbon dioxide (CO2) after capture and storage (CCS) in depleted oil and gas reservoirs is in its...
On the Acquisition of Upstream Interests in New York Energy Operating Companies - an Uncharted Area?
The State of New York has not attempted to bring holding companies under the jurisdiction of this Commission except so far as they are directly involved in the affairs of operating companies under our jurisdiction. It would obviously be impossible for...
President's Message
You hold in your hand (or, better yet, are looking on your screen at) the latest edition of the Energy Law Journal. This issue covers the energy waterfront, with articles with subjects as esoteric as the impact of the 2007 anti-monopoly law on China's...
Report of the Climate Change & Emissions Committee
This report summarizes key developments in environmental policy, regulation, caselaw, and legislation relating to climate change and emissions. The time frame covered by this report includes activities from June 2009 to August 2010.*I. FEDERAL DEVELOPMENTS...
Report of the Ferc Practice & Administrative Law Judges Committee
In Brian Hunter,1 an Administrative Law Judge (ALJ) withstood a motion for disqualification made because the ALJ relied ex parte on staff economists that the ALJ described as "law clerks" that the Federal Energy Regulatory Commission (Commission) determined...
Report of the Legislation Committee
This report provides a summary of the energy legislative activities occurring during the 2nd Session of the 111th Congress from January 5, 2010, through August 2010.*Despite an unprecedented amount of Congressional activity during the second session...
Report of the Natural Gas Regulation Committee
This report summarizes policy developments and legal decisions that have occurred at the Federal Energy Regulatory Commission (FERC or Commission) and the U.S. Courts of Appeals in the area of natural gas regulation. The time frame covered by this report...
Report of the Nuclear Regulation Committee
This report summarizes regulatory developments, court decisions, and legislative actions that have occurred in the area of nuclear energy regulation from June 2009 to June 2010.*I. LITIGATIONLitigation is covered in two parts of this report. What follows...
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 (FERC or Commission) and the U.S. Courts of Appeals in the area of oil and liquids pipeline regulation. The time frame covered...
"Traditional" Nga Jurisdictional Limits Constrain Ferc's Market Manipulation Authority
Synopsis: Recently enacted Natural Gas Act (NGA) section 4A authorizes the Federal Energy Regulatory Commission (FERC or Commission) to prohibit manipulation of certain federally regulated energy markets by "any entity." In Order No. 670, the FERC asserted...
When Should the Ferc Defer to the Nerc?
Synopsis: There is significant tension between the Federal Energy Regulatory Commission (FERC or Commission) and the North American Electric Reliability Corporation (NERC) over the development of reliability standards. In March 2010, the Commission issued...