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Write for the Energy Law Journal
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.  

Submission Process: Energy Law Journal     Submission Process: EBA Brief

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).

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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.

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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?

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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…

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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.

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All current and prior volumes of the Energy Law Journal are available online. Hardcopy subscriptions are also available.

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