Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 33, No. 2, 2012

Alternative Energy in American Indian Country: Catering to Both Sides of the Coin
Synopsis: This article looks at both sides of the renewable energy "coin" in relation to American Indian country. On the one side, it appears that tribal governments are opposed to any energy development on their lands. All told, however, this couldn't...
A Modest Proposal for Reforms of the Ferc's Reliability and Enforcement Programs
Synopsis: The Energy Policy Act of 2005 (EPAct 2005) gave the Federal Energy Regulatory Commission (FERC) more effective tools to protect the public interest, including broad authority over electric reliability and enhanced enforcement powers. These...
"Buyer-Side" Mitigation in Organized Capacity Markets: Time for a Change?
Synopsis: This article presents an analysis of the current status of buyer-side mitigation in wholesale competitive capacity markets. Buyer-side mitigation, which takes the form of a potential minimum offer floor for all new generation entrants, has...
Explaining the Divide between Doj and Ferc on Electric Power Merger Policy
Synopsis: The Antitrust Division of the Department of Justice (DOJ) and the Federal Energy Regulatory Commission (FERC) purport to apply the same analytical framework to analyze the competitive effects of electric power mergers. In practice, however,...
Exxon Shrugged:1 How a 200 Year Old Statute Torments the Titans
I. INTRODUCTIONIn 2001, a group of Indonesian villagers filed suit against Exxon Mobil Corporation (ExxonMobil) in federal court alleging genocide, extrajudicial killing, torture, crimes against humanity, sexual violence, and kidnapping.2 According to...
Hindsight Regulation of Hydrocarbon Exploration: Lessons from Israel's Gas Bonanzas
Synopsis: Behavioral scientific research reveals that retrospective evaluations of probability tend to be skewed by "hindsight bias." This insight is applied, in this article, to the regulatory regimes that govern oil and gas exploration. These regimes...
How Will the Expanded Discovery Protections of the Federal Rules of Civil Procedure Affect Ferc Discovery Practice?
Synopsis: Given that litigation before the Federal Energy Regulatory Commission inevitably involves large amounts of money in controversy and extensive expert testimony, it is no surprise that formal proceedings can generate vast amounts of discovery...
Modernizing the Clean Air Act: Is There Life after 40?
Synopsis: The Clean Air Act (CAA or "the Act"), as it was fashioned in 1970 and revised in 1977 and 1990, was a major environmental law milestone that became the model, in whole or part, for virtually every subsequent federal environmental statute. It...
Private Empire: Exxonmobil and American Power
PRIVATE EMPIRE: EXXONMOBIL AND AMERICAN POWER By Steve Coll, Penguin Press 2012Readers of this Journal should be intrigued with Private Empire,1 which promises an inside look at ExxonMobil and how it acts like a sovereign ("a corporate state within the...
Report of the Environmental Regulation Committee
The following is the report of the 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 regulation from June 2011...
Report of the Ferc Practice & Administrative Law Judges Committee
This report summarizes certain aspects of the operations of the Federal Energy Regulatory Commission ("the FERC" or "the Commission"). The report also summarizes select decisions that have issued at the FERC in the area of FERC practice and procedure....
Report of the Legislation Committee
This report provides a summary of the energy legislative activities occurring during the 2nd Session of the 112th Congress, from May 1, 2011 through July 1, 2012.I. BUDGET CONTROL ACTIn August 2011, President Obama signed the Budget Control Act of 2011...
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) and the U.S. Courts of Appeals in the area of natural gas regulation between July 1, 2011 and June 30, 2012.*I. RULEMAKING...
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...

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