Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 34, No. 2, 2013

Editor-in-Chief's Page
No man more singularly embodied the American oil industry in the first half of the twentieth century than Everette Lee DeGolyer. According to Dan Yergin, DeGolyer was more responsible than any other person for the introduction of geophysics into oil...
Exploiting the Abundance of U.S. Shale Gas: Overcoming Obstacles to Fuel Switching and Expanding the Gas Distribution System
Synopsis: The shale gas revolution has dramatically changed the outlook for natural gas in the U.S. It has fostered industry action and governmental policies aimed at increasing the consumption of natural gas both domestically and internationally. This...
In Memoriam: Lee C. White (1923-2013)
Most Energy Bar Association (EBA) members will have known Lee Calvin White, who died on October 31, 2013, as the Chairman of the old Federal Power Commission (FPC), the predecessor of today's Federal Energy Regulatory Commission (FERC), or perhaps later...
Land in the Second Decade: The Evolution of Indigenous Property Rights and the Energy Industry in the United States and Brazil
"[T]here is no quicker way to dampen the ardor of the great majority of businesses willing to venture large financial sums to support cutting-edge activity than to inform them that the law surrounding such is rife with ambiguity."1I. INTRODUCTIONIn December...
Maintaining System Reliability: Responding to the Retirement of Coal-Fueled Electric Generation Resources
Synopsis: This article examines the procedures that Regional Transmission Organizations (RTOs) are authorized by the Federal Energy Regulatory Commission (FERC or Commission) to take to maintain system reliability1 in response to the announced retirement...
President's Message
Earlier this year, the Energy Bar Association began implementation of its Strategic Plan for 2013-2015. The Strategic Plan continues the Association's mission to promote the professional excellence and ethical integrity of its members in the practice,...
Regulating Public Utility Performance: The Law of Market Structure, Pricing and Jurisdiction
REGULATING PUBLIC UTILITY PERFORMANCE: THE LAW OF MARKET STRUCTURE, PRICING AND JURISDICTIONVery unlike such fundamental areas of legal study as the law of torts or contracts, public utility law cannot be well understood if studied as an inventory of...
Report of 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...
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 development in Federal and State environmental regulation from July 2012 to June 2013.*I. OIL AND GAS SECTORA....
Report of the Ferc Practice & Administrative Law Judges Committee
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 report also summarizes a United States Circuit Court of Appeals...
Report of the Legislation Committee
This report provides a summary of select federal energy legislative activities occurring during the 1st Session of the 113th Congress, from January 1, 2013, through August 1, 2013.I. ENERGY TAX ISSUESIn one of its final acts, the 112th Congress on January...
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 United States Courts of Appeals in the area of natural gas regulation between July 1, 2012 and June 30, 2013.*I....
Report of the Oil & Liquids Pipeline Regulation Committee
This report summarizes policy developments and legal developments 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...
Report of the State Commission Practice & Regulation Committee
This report summarizes significant state legislative enactments, administrative decisions, and jurisprudence affecting the utility sector from June 2011 through August 2013.*I. MID-ATLANTICA. District of Columbia1. Potomac Electric Power Company (PEPCO)On...
State Jurisdiction over Distributed Generators
Synopsis: The Federal Energy Regulatory Commission (FERC) has defined in an expansive manner its jurisdiction over electricity sales-for-resale, in effect preempting the states from any role, even when such sales occur on distribution circuits for consumption...
TIME TO TAKE A STAND: GROCERY MANUFACTURERS ASSOCIATION V. ENVIRONMENTAL PROTECTION AGENCY
I. INTRODUCTION1In 1978 the Environmental Protection Agency (EPA) approved the use of E10, a blend of gasoline with up to 10% ethanol, as a fuel for motor vehicles.2 In hopes of reducing prices at the pump and supplying a portion of energy demand with...
Trinko and Credit Suisse Revisited: The Need for Effective Administrative Agency Review and Shared Antitrust Responsibility
Synopsis: Over the course of antitrust and regulatory development, it had become generally accepted that both courts and agencies have a substantial, necessary role in developing and applying antitrust policy to regulated companies. These companies are...
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