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All Publications
Knowledge Center
July 2023
Electric Power: A Cautionary Tale
November 2022
Book Review: How the World Really Works: The Science Behind How We Got Here and Where We're Going
Jurisdiction Over Hydrogen Pipelines and Pathways to an Effective Regulatory Regime
August 2022
Two Court of Appeals Decisions Threaten to Eviscerate State Water Quality Certification One-Year Timeline
May 2022
Changing NEPA Implementation and What That May Mean for Hydropower
February 2022
ABA Publishes Van Ness Feldman's ESA Regulatory Revisions Article
August 2021
Transboundary River Management: Transboundary Management of the Lower Snake River Dams
The Purposeful Tension Within the Doctrine of Beneficial Use
March 2021
Court of Appeals Ruling Seen as Significant Stride Forward in Long March toward Licensing Reform
September 2020
From Disclosure to Regulation: Potential Impacts of Climate-related Regulation of Banks
April 2020
"Environment & Energy Report" INSIGHT: On-Site Environmental Health, Safety During Covid-19
February 2020
Global HVACR Industry Will Continue to Improve with Each Generation
January 2020
INSIGHT: California Industrial Companies—Your Business License Now Depends on Stormwater Permitting
August 2019
So, What Do Rail Shippers Really Want?
April 2019
Legal Pathways to Deep Decarbonization in the United States, Ch. 22
October 2018
Van Ness Feldman White Paper: Assessing the Risks and Opportunities of Climate-Related Regulation and Litigation for the U.S. Power Sector
June 2018
Expedited Permitting to Save the Louisiana Coast: A Case Study
April 2018
Why Capacity Markets are the Fitbits of the Electric Utility Industry
The US Nuclear Waste Impasse
December 2017
FLOODPLAINS AND FLOOD RISK:
A Brief Overview of Changing Management Responsibilities
November 2017
Sovereign Enterprise Partnership with Indian Tribes
Association of Transportation Law Professionals Association Highlights - HazMat Column, November/December 2017
September 2017
The Future of the Clean Power Plan and Trump Administration Climate Policy
Sensible Updates Should Appeal to All Sectors
August 2017
ICRA Habeas Corpus Relief: A New Habeas Jurisprudence for the post-Oliphant World?
June 2017
Federal Litigation
May 2017
Considering the Public Convenience and Necessity in Pipeline Certificate Cases Under the Natural Gas Act
Opportunities for New FERC Policies Promoting Hydropower Development Under New Administration
March 2017
GMHB Finds "De Facto" GMA Amendment in County's Planning Action for Point Wells Sewer Service
Water Transfers & the CWA
February 2017
Bill Van Ness: Creation of the National Environmental Policy Act
January 2017
Geothermal Transparency Guide
August 2016
Aliso Canyon Storage Leak
June 2016
All Electrons Are Not Local: A Commentary on the Interplay of Recent U.S. Supreme Court Decisions and State Efforts to Guide Local Transitions to Clean Power
April 2016
FERC Pipeline Siting Program Deals with Legal Challenges
Revised Rules for Trial-Type Hearings: Room for Improvement
February 2016
Congressional Outlook 2016: Energy
Implications of the Supreme Court Decision to Stay the Clean Power Plan
January 2016
Administration Proposes Improvements to ESA Petition Process
September 2015
Building a Sustained Climate Assessment Process
Wetland Regulations in Drought Conditions and a Changing Climate
August 2015
FEMA's ESA Approach Affirmed in the Puget Sound
July 2015
Options for Consolidated Storage of Nuclear Waste and States' Authority to Regulate Nuclear Waste
June 2015
Preparing for the Future - An Indepth Look at the Issues Facing U.S. Hydroelectric Licensing
April 2015
The Third National Climate Assessment: The Role of District Energy and Combined Heat and Power
March 2015
The Keystone XL Pipeline: Fueling the debate over presidential permit authority
February 2015
Early Clean Power Planning - A Hedging Strategy for Sec. 111(d)
January 2015
National Flood Insurance Program: The Changing Landscape of Floodplain Insurance & Regulation
December 2014
Historical Perspectives on §111(d) of the Clean Air Act
August 2014
The Columbia River Treaty at 50: Looking back, looking ahead
June 2014
Reducing Methane Emissions from the U.S. Natural Gas Sector
April 2014
Rethinking Washington's State Environmental Policy Act
February 2014
Connecticut Microgrid Reforms May Signal Changes in Other States
Inventory of Federal Regulations Affecting Biofuels other than the Renewable Fuel Standard
January 2014
A Roadmap for the Advancement of Low-Emissions Coal Technologies
Planning for District Energy, CHP and Microgrids: A checklist for campus administrators
November 2013
Ignoring Authoritative Science
October 2013
New Hydropower Laws for Irrigators: New Challenges and Opportunities
September 2013
Energy Policy, 40 Years Later: Meeting Challenges — Both Old and New
Murky Floodplain Rules Sink Development Plans
May 2013
"Adverse Modification" Rulemaking on the Horizon for the Endangered Species Act?
April 2013
Needed: Research Guidelines for Solar Radiation Management
March 2013
Defining the Bulk Electric System: How Bright is NERC's New 'Bright Line' Rule
Nuclear Power at the Crossroads
February 2013
Making Progress in Regulatory Reforms for Low-Head Hydro Development
December 2012
Federal District Court Upholds Criminal Conviction Under the Migratory Bird Treaty Act for Bird Deaths Resulting from Oil Refinery Operations
October 2012
Legal and Policy Implications of the Perception of Property Rights in Catch Shares
After the Marshall Spill: Oil Pipelines in the Great Lakes Region
Will FERC Abandonment Policy Fit Today's Market and Regulatory Environment?
September 2012
Pipeline Records Verification: Compliance Questions for Operators
How will changing pipeline safety requirements affect America's growing domestic gas supply?
July 2012
Market Forces Moving Gas and Electric Industries Toward Consensus on Convergence?
June 2012
The U.S. Policy and Political Landscape and its Potential Impacts on the Glass Industry: Through a Glass Darkly
FERC and NERC Speed Processing of Electric Reliability Violations
May 2012
Federal Environmental Law Update (May 2012)
April 2012
The Potential Impact of New Pipeline Safety Laws on PHMSA's Regulatory Initiatives
February 2012
EPA Effluent Guidelines: Proposed Regulation of Shale Gas and Coalbed Methane Effluent
Renewable Energy Certificates: A Patchwork Approach To Deploying Clean Technologies
December 2011
Federal Environmental Law Update (Dec. 2011)
Rebuttal in Defense of the Klamath Hydroelectric Settlement Agreement
Report of the Natural Gas Regulation Committee
November 2011
The National Transportation Safety Board's Report on San Bruno: Implications for Pipeline Safety
September 2011
New Proposed Guidance on the Jurisdictional Reach of the Clean Water Act
Energy Policy Act of 2005 and the Interim Agency Rules; Industry Hopes that Rulemaking will Improve Hearing Procedures
Enabling Environments or Enabling Discord: Intellectual Property Rights, Public-Private Partnerships, and the Quest for Green Technology Transfer
Agriculture, Food, & Environmental Policy
August 2011
EPA Finalizes Air Pollution Transport Rule
The Clean Air Act and Global Climate Change
July 2011
Maintaining a Balance: Innovation in Power System Balancing Authorities
From Massachusetts to Minnesota: The RPS, Carbon Caps, and the Dormant Commerce Clause in 2010
Tax Increment Financing (TIF) Meets Transfer of Development Rights (TDR)
June 2011
Federal Environmental Law Update (June 2011)
April 2011
Standard Arguments
The Real Price of Sealing the Border
Small Hydro Projects: 10 Questions Every Developer Should Ask
March 2011
Federal Clean Energy Standard: Game-Changer or Game Over?
Progressive Policy Decisions Help The Merchant Model Stick
December 2010
Report of the Natural Gas Regulation Committee
November 2010
EPA Lays Further Groundwork for Permitting of Greenhouse Gas Sources Under The Prevention of Significant Deterioration Program
The Policy and Regulatory Response to Deepwater Horizon: Transforming Offshore Oil and Gas Leasing?
October 2010
Are State Renewable Feed-In-Tariff Initiatives Truly Throttled by Federal Statutes After the FERC California Decision?
August 2010
Endangered Species Act, Impacts of Compliance in Alaska
July 2010
Why the U.S. had to challenge Arizona on immigration
Opening Editorial of the Special Issue on Climate Legislation and Regulation in the United States
Hydropower: A Renewable We Can Believe In
International Offsets and U.S. Climate Legislation
June 2010
Ecology Comes of Age: NEPA's Lost Mandate
May 2010
The Intersection of the Migratory Bird Treaty Act and Energy Companies: An Uncertain Crossroad
Second-Best World
March 2010
Effective and Empowered Collaborative Institutions for Multi-State Decisions on Transmission Planning and Cost Allocation
Power System Balancing Authority Innovation
New and Improved Course for a Climate Regime
January 2010
Energy Efficiency & Renewable Energy Take Center Stage in the Obama Era
December 2009
Conservation Tools: An Evaluation and Comparison of the Use of Certain Land Preservation Mechanisms
Wet Growth: Exploring the Intersection Between Water Resources and Land Use Law in Washington
November 2009
The Devolution of NEPA: How the APA Transformed the Nation's Environmental Policy
Cap and Trade Meets the Interstate Commerce Clause: Are Greenhouse Gas Regulations Constitutional after Lopez and Morrison?
August 2009
The Public Interest Jurisdictionally and Extra-Jurisdictionally: Toward Effective and Empowered Collaborative Institutions for Multistate Decisions on Transmission Planning and Cost Allocation
April 2009
Carbon Dioxide Pipeline Regulation
March 2009
Stimulating the Economy, One Green Job at a Time
Today's CAA a Blunt Instrument for GHG Control
Carbon taxes are fine, but a cap-and-trade program is better
Is the Price-Anderson Act an Appropriate Model for the Railroads?
January 2009
U.S. Energy and Climate Change Policy: What to Expect in 2009
December 2008
Power Administrations Seek Increased Role
September 2008
Congress and Cellulosic Biofuels: Opportunities and Risks
June 2008
The Transformation of Modern Administrative Law: Changing Administrations and Environmental Guidance Documents
May 2008
Colorado River Management Plan Update
April 2008
Railroad Transportation of Nuclear Waste and Other Hazardous Materials
Women's Land Rights in Rural China: Transforming Existing Laws into a Source of Property Rights
Bright Lines, Safe Harbors: Urban and Rural Densities under the Growth Management Act (And Who Gets to Decide?)
March 2008
U.S. Climate Change Policy Will Drive Significant Investment Opportunities in Traditional and Alternative Energy
December 2007
Energy's Next Step
Affordable Housing Incentive Programs under HB 2984: 'Bonus' or Burden?
November 2007
Clean tech depends on federal policy
Colorado River Management Plan Update
March 2007
New Wine Into Old Bottles: The Feasibility of Greenhouse Gas Regulation Under the Clean Air Act
January 2007
The International Regime: An Overview of the International Structures Addressing Climate Change
October 2006
An Inconvenient State?
June 2006
Uncertainties surround state's new 'e-waste' law
February 2006
Wetlands & The Clean Water Act
June 2005
Dynamic Conservation Easements: Facing the Problem of Perpetuity in Land Conservation
The Exxon Valdez Reopener: Natural Resources Damage Settlements and Roads Not Taken
May 2005
FERC's Authority to Impose Monetary Remedies for Federal Power Act and Natural Gas Act Violations: An Analysis
June 2004
LNG: FERC Asserts Control
May 2004
Creating a New FERC Licensing Process
January 2004
Climate Change: The Heat Is On
May 2003
Designing a Mandatory Greenhouse Gas Reduction Program for the U.S.
March 2003
Hydro Licensing Reform: A Comprehensive Look at the Proposals
January 2003
Buying and Selling Electric Power in the West: A Review of Key Elements of FERC's Standard Market Design Proposal
July 2002
Designing a Climate-Friendly Energy Policy: Options for the Near Term
Electricity regulation: How is federal policy changing?
May 2002
A Five Point Plan for Expanding the Nation's Wetlands Base and Improving the Section 404 Program
December 2000
Transmission at a Crossroads