Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 35, No. 2, 2014

Breaking Rules and Changing the Game: Will Shale Gas Rock the World?
Synopsis: This article explores the evolution of shale gas impacts on global LNG markets and evaluates the implications for future change in terms of LNG trade, pricing, economics, environment, and geopolitics. The article is organized into three periods...
Center for Biological Diversity V. Bureau of Land Management: Fractured Deference in California's Monterey Shale Formation
Synopsis: The Northern District Court of California held that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) when it sold four oil and gas leases on federal land in California. Plaintiffs alleged, and the court...
Diminishing the Finality of Clean Water Act Pollutant Discharge Permits: Mingo Logan Coal Co. V. EPA
Synopsis: In 2007, the United States Army Corps of Engineers (USACE) issued a section 404 permit authorizing Mingo Logan Coal Company to dispose of fill material from the Spruce No. 1 Surface Mine into three streams in West Virginia. Despite reservations...
Editor-in-Chief's Page
Your sons and your daughtersAre beyond your commandYour old road isRapidly agin 'Please get out of the new oneIf you can Y lend your handFor your times they are a-changin '- Bob Dylan (1964)First we saw vibrant wholesale competition and natural gas industry...
Getting Distributed Generation Right: A Response to "Does Disruptive Competition Mean a Death Spiral for Electric Utilities?"
Synopsis: A recent Energy Law Journal article by Elisabeth Graffy and Steven Kihm claims that the electric utility industry faces a mortal threat in the near future from distributed generation and other emerging technologies that will allow customers...
Information and Competition in Electric Power Markets: Is Transparency the Holy Grail?
Synopsis: Electricity market restructuring has prompted extensive debate in the United States and abroad about the extent to which wholesale market information should be made available to regulators, market participants, and the public. Unfortunately,...
In Memoriam: Keith Mccrea
Keith McCrea, 67, a member of the Energy Bar who practiced law in the District of Columbia for more than 40 years, passed away at his home on September 5, 2014. The cause of death was melanoma.Keith, a resident of Dickerson, Maryland, was bom in Western...
Keeping the Lights On: Examining and Reimagining Nlra Preemption in a Time of Electric Necessity
Synopsis: Strikes or lockouts at an electric utility can lead to delayed maintenance in the best case or blackouts in the worst. In a society dependent on electricity for everything from health care to safe drinking water, a disruption in utility service...
President's Message
Every edition of the Energy Law Journal brings with it an amazing overview of the issues at the forefront of the minds of energy law practitioners. In this edition, we find timely and compelling articles on climate change and FERC regulation, the international...
Report of System Reliability & Planning Committee
Synopsis: 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) and the...
Report of the Environmental Regulation Committee
The following is the report of the Energy Bar Association's Environmental Regulation Committee. In this report, the Committee summarizes key developments in federal and state environmental regulation from July 2013 to June 2014.I. Oil & GasA. Hydraulic...
Report of the Ferc Practice & Administrative Law Judges Committee
Synopsis: This report of the FERC Practice and Administrative Law Judges Committee summarizes certain aspects of the operations of the Federal Energy Regulatory Commission (FERC or Commission). The time frame covered by this report spans from July 1,...
Report of the Legislation Committee
This report provides a summary of select federal energy legislative activities occurring during the Second Session of the 113th Congress, from September, 2013 through August, 2014.I. Efforts to Curb the EPA ' s Regulatory Powers under the Clean Air ActWith...
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 United States Courts of Appeals in the area of natural gas regulation between July 1, 2013, and...
Report of the Oil & Liquids Pipeline Regulation Committee
Synopsis: This report summarizes policy and legal developments that have occurred at the Federal Energy Regulatory Commission (FERC), Pipeline and Hazardous Materials Safety Administration (PHMSA), and in the federal courts. This report covers the period...
Report of the State Commission Practice & Regulation Committee
Synopsis: This report summarizes significant state developments in the utility industry from September 2013 through June 2014. This report generally organizes the country into four regions: (I) West and Southwest, (II) South, (III) Midwest and Plains,...
Subsidies, Climate Change, Electric Markets and the Ferc
Synopsis: The electric utility industry has long endured an uneasy mix of competition and regulation. Some regions have embraced competitive markets, retail access, and generation divestiture; others have retained vertical integration and traditional...
The Ferc Enforcement Process
Synopsis: It has been nearly a decade since Congress passed the Energy Policy Act of 2005 (EPAct 2005), which established new authorities and tools for the Federal Energy Regulatory Commission (FERC) to police energy market manipulation. Over the ensuing...
The Myth of Liberalization: The 2013 Changes in the Russian Lng Export Regime
Synopsis: Many energy experts were quick to label the 2013 amendments to two Russian statutes governing exports of liquefied natural gas as liberalization. Although the LNG Export Amendments effectively ended Gazprom's monopoly on LNG export, they failed...
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