Energy Law Journal Volume 44, No. 1
The Energy Law Journal contains legal, policy, and economic articles and other materials of interest to the energy law and policy communities. It is published twice yearly. The ELJ is supported by donations from its readers. Please consider making a donation to the Foundation.
- It's Time To Reconsider Single-Clearing Price Mechanisms in U.S. Energy Markets Read the Article
Mark C. Christie
- Hydrogen's Potential Role in LDCS' Transition to a Low Carbon Future Read the Article
Marcia Hook, Drake Hernandez, Duncan Grimm, Heidi Li
- Carbon Capture and Sequestration - "Essential," But Too Little, Too Late? [Read the Transcript] David C. Smith
- Control, Fault, and Knock-For-Knock: A Guide to Selecting Indemnities in Energy Construction and Services Agreements [Read the Article] S. Scott Gaille, Tanner Harris
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or the EBA Brief
The Energy Law Journal publishes legal, policy, and economic articles and other materials of lasting interest with significant research value on subjects dealing with the energy industries. EBA Brief articles are published electronically throughout the year and offer shorter, more timely articles. Both publications welcome submissions from EBA members.
Recent EBA Brief Articles
The Hydrogen Pipeline Debate Requires Candid and Serious Consideration of Existing Regulatory Regimes
Richard E. Powers, Jr., Joseph R. Hicks, William G. Bolgiano - Venable LLP
An active debate is currently underway as to how hydrogen pipelines can and should be regulated. Within this debate are those who believe hydrogen pipelines are (and should be) subject to regulation under the Interstate Commerce Act (ICA), which currently governs pipelines carrying oil, petroleum products, and natural gas liquids (NGLs), and those who believe hydrogen pipelines are (or should be) regulated under the Natural Gas Act (NGA).
The Impact of West Virginia v. EPA on Challenges to FERC’s Authority Under the Major Questions Doctrine
Donald L. R. Goodson, Institute for Policy Integrity, New York University School of Law
In the Spring 2022 issue of this publication, Harvey Reiter highlighted a significant legal development that implicated the authority of federal regulatory agencies, including the Federal Energy Regulatory Commission (FERC). This article picks up where Reiter’s left off to address West Virginia v. EPA—the most recent Supreme Court case involving the major questions doctrine, and the first Supreme Court majority opinion expressly referencing and exploring the doctrine.
FERC’s Landmark Decisions and the Supreme Court’s Expanding “Major Questions Doctrine”
Harvey Reiter, Energy Law Journal Editor
Would landmark decisions by the Federal Energy Regulatory Commission have survived review under the Supreme Court’s expanding “major questions doctrine”? And, could the doctrine stifle new regulatory initiatives?
Jurisdiction Over Hydrogen Pipelines and Pathways to an Effective Regulatory Regime
Michael Diamond, Van Ness Feldman
Hydrogen is expected to play a significant role in the nation’s energy transition, but the development of the hydrogen market may be hindered by uncertainty…
After the Storm: Changes to Texas Electricity Regulation in the Wake of Winter Storm Uri
Josiah Neeley, R Street Institute
A summary of the major changes that have been implemented in the wake of Winter Storm Uri and regulatory changes now being considered.