{"title":"Oil, Referendum and the Economic Impacts of Southern Sudan Secession","authors":"Issam A.W. Mohamed, Abdelaziz Marhoum","doi":"10.2139/ssrn.1903874","DOIUrl":"https://doi.org/10.2139/ssrn.1903874","url":null,"abstract":"The secession of the South was officially proclaimed on Monday 7 February 2011. That marked the beginning of a new era in the history of the Sudan. However, that was not passively or heedlessly received by the Sudanese, as has been wrongly promulgated by some mass media. The mass of the Sudanese thinkers and intellectuals expressed agony, shock or disenchantment with this outcome in the many symposiums and forums organized by Research Centrs. That does not controvert or dis-affirm the fact that few Northern Sudanese politicians expressed happiness and optimism. That is conflicting with the former mass and reveals different sentiments and also estimations of the post-impact and effects on the former one-country. There were multiple relationships and undeniable dependence on oil revenues, both in the North and the South. The sudden deprivation from oil that represented 75% of the GDP, over 95% of foreign currencies revenues are just part of the shock. Thus, it is necessary to go through some earlier overtones of secession that may help illuminate the prospective course of North-South relations and hence the possibility of establishing a strong economic complementary partnerships apart from that of transporting the oil of the south through the pipeline which passes through the North to Bashayir Seaport.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128197625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Clean Energy and the Price Preemption Ceiling","authors":"Jim Rossi","doi":"10.2139/ssrn.1899026","DOIUrl":"https://doi.org/10.2139/ssrn.1899026","url":null,"abstract":"Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices determined under federal standards. Recent decisions treat prices that meet the federal standard as a preemption ceiling, which prohibits states from setting prices that exceed the wholesale price set in a competitive market. Both appellate courts and the Federal Energy Regulatory Commission (“FERC”) - the primary federal agency responsible for the electric power sector - have recently applied a price preemption ceiling to clean energy policies.I argue in this Article that this price ceiling preemption approach hobbles the advancement of clean energy policy under both federal and state laws. State and local governments, along with regional institutions, have adopted a number of clean energy innovations, including feed-in tariffs for renewable power, novel approaches to transmission siting and cost allocation, and energy conservation policies. As subnational governments today consider how to encourage clean energy investments, they are increasingly bumping into limitations imposed by FERC and the courts under the Supremacy Clause of the U.S. Constitution.Imposing a legal preemption ceiling on clean energy prices thwarts the ability of subnational governments to adopt policies that advance conservation and renewable energy goals. I argue that reassessing application of wholesale price ceiling preemption to regional, state and local clean energy innovations will allow courts and federal regulators to more effectively imagine the ability of federal energy laws to advance clean energy goals.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131215804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Retail Electricity Price Savings from Compliance Flexibility in GHG Standards for Stationary Sources","authors":"D. Burtraw, A. Paul, M. Woerman","doi":"10.2139/ssrn.1978468","DOIUrl":"https://doi.org/10.2139/ssrn.1978468","url":null,"abstract":"The EPA will issue rules regulating greenhouse gas (GHG) emissions from existing steam boilers and refineries in 2012. A crucial issue affecting the scope and cost of emissions reductions will be the potential introduction of flexibility in compliance, including averaging across groups of facilities. This research investigates the role of compliance flexibility for the most important of these source categories—existing coal-fired power plants—that currently account for one-third of national emissions of carbon dioxide, the most important greenhouse gas. We find a flexible standard, calibrated to achieve the same emissions reductions as a traditional(inflexible) approach, reduces the increase in electricity price by 60 percent and overall costs by two-thirds in 2020. The flexible standard also leads to substantially more investment to improve the operating efficiency of existing facilities, whereas the traditional standard leads to substantially greater retirement of existing facilities.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133208293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Central Asia and the EU's Drive Towards Energy Diversification","authors":"S. de Jong, J. Wouters","doi":"10.2139/ssrn.2871121","DOIUrl":"https://doi.org/10.2139/ssrn.2871121","url":null,"abstract":"In recent years, Central Asia has increasingly come under the focus of the European Union (EU). This development occurred not least due to a series of interruptions in the supply of Russian natural gas to the EU. The negative effects these supply cuts had on Gazprom's perceived reliability as a supplier caused the Union to gradually step up its efforts towards energy diversification in the region. However, competition over supplies is fierce, as Russia and China are equally intensifying their efforts. Several large-scale initiatives are currently underway or have reached completion, including the EU backed Nabucco pipeline, Russia's South Stream project and the Turkmenistan-China pipeline. Through an extensive consultation among key-stakeholders involved, the paper provides a thorough analysis of the current status of EU-Central Asian energy relations and their major challenges. Departing from a brief chronological analysis that dates from the early 1990s until today, the paper identifies four key outstanding issues which are subsequently analysed in greater detail: (i) the potential of and the challenges for the various diversification efforts currently being undertaken by the EU; (ii) the troublesome link between democracy and human rights promotion in the region on the one hand and energy diversification on the other; (iii) coherence in external energy relations; and (iv) what role the Lisbon Treaty plays in this regard and whether there is a need for a new specific external energy treaty to guide the Union's external efforts vis-à-vis Central Asia. The paper concludes with a number of recommendations on each set of challenges.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122939058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"State Legislative Oversight - A Case Study: New York State Legislature and High-Volume Hydraulic Fracturing of Natural Gas","authors":"K. Dopp","doi":"10.2139/SSRN.1855323","DOIUrl":"https://doi.org/10.2139/SSRN.1855323","url":null,"abstract":"New York’s position following other States’ development of fossil gas via high-volume hydraulic fracturing (HVHF) drilling, and the actions of its State Assembly and Senate Environmental Conservation (EnCon) Committees integrated the efforts and facilitated the communications of a wide network of stakeholder organizations and independent experts. These networking efforts were key factors explaining how New York State Legislature performed more effective oversight over agency HVHF well permitting processes than other states. In overseeing the New York State Department of Environmental Conservation (NYSDEC) HVHF permitting process, the legislature held committee investigations and hearings, reviewed agency regulations, made dozens of oversight recommendations to NYSDEC, and passed a temporary moratorium on issuing permits for hydraulic fracturing. Governor Paterson vetoed the moratorium because he felt it would deny new permits for low-volume hydraulic fracturing operations conforming to current requirements, and issued an executive order suspending “high-volume, horizontal hydraulic fracturing,” thus potentially allowing vertical drilling HVHF. Vertical HVHF requires more well pads and vertical bores to produce the same amount of gas, potentially increasing risk of upwards migration of gas and carcinogenic and radioactive fluids into aquifers from well casing failures caused by high-pressure fracking. Will Patterson’s failure to suspend all HVHF create pressure on NYSDEC to issue vertical HVHF permits, or will NYSDEC continue revising its permitting processes in response to public input and legislative oversight requests? If NYSDEC continues its process, oil & gas companies are likely to be subject to more stringent requirements and to experience fewer financial pressures to employ risky drilling practices in New York than in other states thanks in large part to New York State’s effective legislative oversight.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130613859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Modelling Energy-Environment-Economy Interdependencies: A Comparative Analysis of Ten E3 Models","authors":"P. Haynes, S. Linder, M. Sewell","doi":"10.2139/ssrn.1839649","DOIUrl":"https://doi.org/10.2139/ssrn.1839649","url":null,"abstract":"Understanding the interdependencies between energy, environmental issues and economic issues is of fundamental importance in developing appropriate policies for decarbonising the economy. The relationships between these three factors are, however, complex and different approaches have been taken in analysing the key relationships between these factors in order to assess the implications. This paper will assess one type of approach, examining economic or econometric models that include indexes for energy, environment and economic issues, i.e. E3 models. The objective of the paper is to assess some of the key features of these models, as identified by the research groups in their literature, as an introduction to the variety of strategies available to, and used by, E3 modelling groups.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129435354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Stochastic Semi-Nonparametric Efficiency Analysis of Electricity Distribution Networks: Application of the StoNED Method in the Finnish Regulatory Model","authors":"Timo Kuosmanen","doi":"10.2139/ssrn.1806867","DOIUrl":"https://doi.org/10.2139/ssrn.1806867","url":null,"abstract":"Electricity distribution network is a prime example of a natural local monopoly. In many countries, electricity distribution is regulated by the government. In Finland, the regulator estimates the efficient cost frontier using the data envelopment analysis (DEA) and stochastic frontier analysis (SFA) methods. This paper reports the main results of the research project commissioned by the Finnish regulator for further development of the efficiency estimation in their regulatory model. The key objectives of the project were to integrate a stochastic SFA-style noise term to the nonparametric, axiomatic DEA-style cost frontier, and take into account the heterogeneity of firms and their operating environments. To estimate the resulting stochastic semi-parametric cost frontier model, a new method called stochastic nonparametric envelopment of data (StoNED) is proposed. Based on the insights obtained in the empirical analysis using real data of the regulated networks, the Finnish regulator is replacing the currently used DEA and SFA methods by the StoNED method.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132954185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Regulation of Passenger Car Diesel Exhaust: Comparative Regulatory Regimes and Proposals for the Future","authors":"Elliot M. Wolf","doi":"10.2139/SSRN.1872551","DOIUrl":"https://doi.org/10.2139/SSRN.1872551","url":null,"abstract":"Beginning in the 1990s, the United States and the European Union imposed limits on emissions from diesel engines in passenger cars. The US and European regimes differ in certain key respects, contributing to two disparate outcomes. In the US, diesel cars went from being dirty and abundant to being clean and rare, constituting a mere 0.6% of the 2010 market. In the European Union, however, diesel cars are both clean and abundant, constituting 53% of the 2010 market. This result has several implications. First, we can examine the impact of the disparate regimes on two relatively comparable car markets to elucidate the impact of individual components of the regimes. Second, the outcome in the EU is “better” than that in the US, and thus certain components of the EU regime suggest possible future policies for the US. Third, the experiences of the US and the EU in regulating diesel may have implications for future US environmental policymaking. The broad conclusions of this analysis are that US standards, at times more stringent than their EU counterparts, may have prevented manufacturers from supplying diesel cars to the US. Above all else, however, differences in fuel prices and fuel taxation between the US and Europe massively impact consumers’ economic incentives to purchase diesel, and are likely the single biggest determinant of demand. Now that diesel technology has advanced to the stage where diesel emissions are as clean as gasoline emissions, the US should pursue policies that would increase its adoption. The primary ways to do so are to lower the cost of diesel fuel relative to gasoline, raise the price of both fuels (to the extent politically feasible), and potentially force US manufacturers to re-enter the diesel market by imposing fuel economy requirements that are unattainable without the use of diesel.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123945968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Closing the Gap: Using the Clean Air Act to Control Lifecycle Greenhouse Gas Emissions from Energy Facilities","authors":"Colin R. Hagan","doi":"10.2139/ssrn.1795566","DOIUrl":"https://doi.org/10.2139/ssrn.1795566","url":null,"abstract":"As the United States moves forward with regulations and policies to control greenhouse gas emissions from energy facilities, regulators and policymakers should require proposed energy facilities to undergo a lifecycle greenhouse gas analysis. Scientific research demonstrates that a significant portion of the total emissions from a particular facility occur upstream or throughout the lifecycle of the resource production process. A lifecycle greenhouse gas analysis, therefore, will ensure that the total consequences of a particular facility or energy resource will be taken into account. In addition, such an analysis would help identify cost-effective opportunities to reduce emissions. The U.S. Environmental Protection Agency (EPA) has an opportunity to require lifecycle analysis for energy facilities as it crafts new Clean Air Act regulations to control greenhouse gas emissions. Congress has recognized the value of lifecycle analysis in the Renewable Fuels Standard, which now affirmatively requires EPA to conduct lifecycle analysis for certain biofuels. This Note considers whether EPA also has the authority to require proposed energy facilities subject to Clean Air Act's pre-construction review to undergo a similar analysis. Reviewing the provisions of the Clean Air Act that govern emissions from energy facilities, this Note concludes that EPA does have the authority to require lifecycle greenhouse gas analysis for proposed energy facilities.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126701019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Indirect Land Use Change, Uncertainty, and Biofuels Policy","authors":"D. Farber","doi":"10.2139/ssrn.1640857","DOIUrl":"https://doi.org/10.2139/ssrn.1640857","url":null,"abstract":"Indirect land use change (ILUC) is based on the simple observation that use of cropland for biofuels raises food prices and thereby increases the incentive to convert forests and grasslands to crop production, causing the released of stored carbon and decreasing future carbon sequestration. ILUC is mediated by world food and fiber prices and therefore requires no geographic link between the land used for biofuels and the land converted to crops – growing biofuels in Iowa could cause the loss of rainforest in Brazil. Current models indicate that ILUC is substantial but there is substantial uncertainty about its magnitude. This Article uses EPA’s recent decision to approve corn ethanol as a renewable fuel as a lens for examining the ILUC issue and more generally the regulatory treatment of uncertainty. Given the closeness of the decision to approve corn ethanol as a renewable fuel, a more sophisticated treatment of uncertainty would likely have changed the outcome. But EPA was correct to proceed with a consideration of ILUC despite the admitted degree of uncertainty regarding the magnitude of ILUC.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130743025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}