Online Scholarship

The Time Has Arrived for a Canadian Public Trust Doctrine Based upon the Unwritten Constitution

In anticipation of a review of the public trust doctrine by the Canadian Supreme Court, we are previewing an article by Harry J. Wruck from our 10.2 issue. Please click link below for full article: Harry J. Wruck, The Time Has Arrived for a Canadian Public Trust Doctrine Based upon the Unwritten Constitution

From Mono Lake to the Atmospheric Trust: Navigating the Public and Private Interests in Public Trust Resource Commons

In celebration of the journal's recent transition to a new editorial board, JEEL is previewing an article for an upcoming issue written by Erin Ryan. Please click link below for full article: Erin Ryan, From Mono Lake to Atmospheric Trust: Navigating the Public and Private Interests in Public Trust Resource Commons ERIN RYAN* "This Article… Continue reading From Mono Lake to the Atmospheric Trust: Navigating the Public and Private Interests in Public Trust Resource Commons

The Standing of Nature: The Delineated Natural Ecosystem Proxy

In celebration of Earth Day JEEL is previewing one of our upcoming articles.  Ms. Schaefer's article takes a new approach to establishing legal standing for nature, which is particularly relevant in the current political climate.  The print version of this article will follow in issue 9.2. Stacy Jane Schaefer* I. Introduction Man's attitude toward nature… Continue reading The Standing of Nature: The Delineated Natural Ecosystem Proxy

A PURPA Roadmap for Microgrids

By: Donna M. Attanasio * Abstract This Article explores the ways in which Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 (“PURPA”),[1] might be useful in accelerating the development of multi-participant microgrids.  PURPA provides a framework for the regulation of certain electric generation facilities known as qualifying facilities (“QFs”).[2]  Securing QF… Continue reading A PURPA Roadmap for Microgrids

Saudi Arabia Pursuing Nuclear Energy to Maximize Energy Diversity

By: Bandar Altunisi, Associate Known as global powerhouse of fossil fuels, Saudi Arabia has focused on diversifying its energy sources in the last 10 years. Saudi Arabia considers solar energy to be a leading alternative energy source with an approximate potential 2,200 thermal kWh of solar radiation (sunshine) per square meter.[1] Furthermore, Saudi Arabia intends… Continue reading Saudi Arabia Pursuing Nuclear Energy to Maximize Energy Diversity

Is the Smart Grid Better Protected?: Nine Months After NIST Releases Cybersecurity Framework

By: Sandra Zegarra, Associate             As the United States’ power infrastructure transitions from the current electric grid to the Smart Grid, an assortment of new security and reliability concerns, notably in the cyber security arena, have been introduced.[1] Although the objective of the Smart Grid includes heightened security, the implementation of supplementary technologies such as… Continue reading Is the Smart Grid Better Protected?: Nine Months After NIST Releases Cybersecurity Framework

Not So-Sweet Tea: A Legal Fix for Managing the Organoleptic Effects of Lake Hartwell’s Drinking Water

By: Adam Shaw, Associate Planktonic or “blue-green” algae are single-celled bacteria that are normally “a beneficial component of the food chain.”[i] In warm, nutrient-rich environments, however, they can produce dense blooms that result in toxic substances known to cause sickness in livestock, wildlife and humans.[ii] In the summer of 2014, Lake Hartwell, located between Georgia… Continue reading Not So-Sweet Tea: A Legal Fix for Managing the Organoleptic Effects of Lake Hartwell’s Drinking Water

Commercial Nuclear Reactor Licensing Hurdles — New York v. NRC

By: Scott Farnin, Associate More than two years ago, the D.C. Circuit vacated and remanded the Nuclear Regulatory Commission’s (“NRC”) Waste Confidence rule in New York v. NRC.[1] As a result of that decision, the NRC suspended all licensing issuances for commercial nuclear power plants until the court’s remand was appropriately redressed.[2] On September 19th, 2014… Continue reading Commercial Nuclear Reactor Licensing Hurdles — New York v. NRC

The U.S. Supreme Court Passes on Chance to Weigh in on California’s Climate Change Initiative

By: Christina Tabacco, Associate On June 30th the Supreme Court of the United States declined to grant the petition for certiorari by plaintiff-appellees in the case Rocky Mountain Farmers Union v. Corey, 730 F.3d 1070 (9th Cir. 2013), cert. den’d 134 S.Ct. 2875 (June 30, 2014) . The plaintiffs sought to strike down a major… Continue reading The U.S. Supreme Court Passes on Chance to Weigh in on California’s Climate Change Initiative

Subcontractor Coverage Under the Christian Doctrine

By: John Kashuba, Associate   Problem: Recent litigation has produced ambiguity as to whether subcontractors are covered under the Christian doctrine. If this is indeed the case, practitioners advising clients bidding or negotiating for procurement work containing clauses espousing requirements as to the kinds of materials that must be used, or other clauses containing compliance… Continue reading Subcontractor Coverage Under the Christian Doctrine