Article by Theodore Danielson
Splitting the Regulatory Baby: The Fifth Circuit's Laboresque Solution to Mirant's Bankruptcy—FERC Dilemma
Fresh Down the Pipeline: An Analysis of the Fifth Circuit's Decision in Atchafalaya Basinkeeper v. United States Army Corps of Engineers
Litigating Land Loss: An Analysis of Three Attempts to Hold Oil Companies Accountable for Coastal Erosion
Offshore Energy Construction Insurance: Allocation of Risk Issues
The legal fallout from major offshore events such as the DEEPWATER HORIZON spill, PIPER ALPHA, and the grounding of the EXXON VALDEZ has resulted in extreme stress testing of liabilities allocation in upstream oil and gas project contracts. The risks inherent in the offshore oil and gas industry are very large. This Article examines how liability is shared during offshore construction projects, the standard insurance policy that is commonly used in respect of such risks, and a number of topical issues that parties engaged in such activity might bear in mind when they are negotiating contracts and insurance arrangements to protect their position.
The Political Economy of Energy and Its Implications for Climate Change Legislation
Public choice themes have arisen throughout the history of U.S. energy regulation and continue to be relevant today, particularly with widespread discussion of deregulation and increased attention to climate change. This Article surveys how public choice themes are relevant to understanding a host of issues of importance to the electric power industry today, including the structure of the industry, the significance of wholesale markets, and the division of regulatory power between state and federal authorities. The Article highlights how an understanding of how public choice has contributed to these features of the electric power industry will prove important to the successes and failures of national climate change policy.