Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 29, No. 2, 2008

Compliance Programs, Penalty Mitigation and the Ferc
Synopsis:Corporate exposure to criminal and civil penalties has grown in recent years. Many corporations have responded by strengthening their compliance programs to reduce the potential for violations, but these programs also present risks because they...
Controlling Lng AES Sparrows Point Lng, Llc V. Smith, 527 F.3d 120 (4Th Cir. 2008)
I. INTRODUCTIONIn AES Sparrows Point LNG, LLC v. Smith, the United States Court of Appeals for the Fourth Circuit determined that the Natural Gas Act (NGA) preempted a zoning amendment that would have prevented the construction of a liquefied natural...
Cwa and Esa: Nine Is a Party, Ten Is a Crowd National Association of Home Builders V. Defenders of Wildlife, 127 S. Ct. 2518 (2007)
I. IntroductionIn National Association of Home Builders v. Defenders of Wildlife1 the United States Supreme Court ruled on the compatibility of two statutory sections, section 402(b) of the Clean Water Act (CWA)2 and section 7(a)(2) of the Endangered...
Energy Bar Association Negotiation of a Master Agreement and a Structured Transaction (Illustration of How Deals Are Done and the Major Issues - Role Playing)
April 30, 2008Ronald Reagan BuildingWashington, D.C.PROCEEDINGSMS. WOLFMAN: We have something a little different planned for this session instead ofthe normal lecture Question/Answer. We thought we'd make this a little livelier and show you how a Master...
Facilitating Hydrokinetic Energy Development through Regulatory Innovation
Synopsis:The development and integration into the electric grid of new clean and domestic renewable energy resources is one of the highest priorities for the United States, in light of the dual imperatives of blunting the climatic effects of greenhouse...
From Eor to Ccs: The Evolving Legal and Regulatory Framework for Carbon Capture and Storage
Synopsis:Carbon capture and storage has been proposed around the world as a potentially key technology for reducing carbon dioxide (CO2) emissions. The United States oil and gas industry has a long experience in transporting, injecting, and effectively...
In Memoriam Paul E. Nordstrom
We lost former Energy Bar Association President Paul E. Nordstrom, one of our finest and bravest colleagues, on August 15, 2008, after a seven year battle with cancer. Paul was brilliant, gracious, and possessed an indomitable spirit. He simply refused...
On the Eve of the Federal Power Act Interlocking Directorate Regulations' Diamond Jubilee, Are We Left with Cherries or the Pits?
Synopsis:The Federal Power Act's prohibition on certain interlocking directorates involving public utilities was a result of the concerns and fears of the era in which it was created. Over the last seventy plus years, the Federal Power Commission and...
President's Message
Dear EBA Members and ELJ Subscribers:Diversity and inclusiveness! Your survey responses in 2006-2007 told us that the Energy Bar Association, and its affiliated foundations, must provide a diversity of topics and points of view to keep pace with industry...
Report of the Natural Gas Regulation Committee
This report summarizes decisions and policy developments that have occurred in the area of natural gas regulation. The timeframe covered by this report is July 1, 2007 to June 30, 2008.1I. RULEMAKING ACTIONSA. Reporting Requirements for PipelinesOn March...
Report of the Nuclear Regulation Committee
This report summarizes decisions and policy developments that have occurred in the area of nuclear power regulation. The timeframe covered by this report is July 1, 2007 to May 31, 2008.I. NRC RELATED LITIGATIONA. Nuclear Information and Resource Service...
The Bell Tolls for Hydrocarbons: What's Next?
Synposis:There are two major threats to the dominant, hydrocarbon-fueled energy regime in me world. First, there is the arguable peak in production and subsequent depletion of oil, the leading hydrocarbon and the world's leading fuel. Second, there is...
The Current "Nuclear Renaissance" in the United States, Its Underlying Reasons, and Its Potential Pitfalls
Synopsis:The nuclear renaissance is indeed a reality within the United States today. This is apparent from the number of nuclear plant construction applications and new uranium mining applications filed with or expected by the Nuclear Regulatory Commission,...
The Prudent Regulator: Politics, Independence, Ethics, and the Public Interest
Synopsis:Prudence is a principle central to the theory and practice of public utility regulation, a hallowed standard of review by which utility behaviors and decisions are judged. The concept of prudence might well be applied to the institution of regulation...
The Use of Quantity Terms to Improve Efficiency and Stability in International Gas Sales & Purchase Agreements
Synopsis:Long-term Gas Sales & Purchase Agreements (GSPAs) continue to play an important role during the early development of international gas markets. The success of the GSPA depends in large part on the parties' ability to match appropriate contractual...
Time for a Day 1.5 Market: A Proposal to Reform Rto-Run Centralized Wholesale Electricity Markets
Synopsis:This article presents a proposal to reform the current "Day-Two" electricity markets operated by certain regional transmission organizations (RTOs). The proposed reforms are intended to restructure these RTOs to maintain their demonstrated consumer...

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