Energy Production
Energy law encompasses a wide range of interrelated issues, requiring lawyers practicing energy law to be well versed in other legal matters, as well as mining regulations, land-use questions, and environmental law issues. Because energy law involves so many corollary concerns, government regulations cover everything from energy creation to sale and use. Energy lawyers are required to stay current with regulatory developments in these varied areas, as well as with changes in related legal fields. With dedication to their practice, energy law attorneys provide their clients with up-to-date legal counsel protection of their legal rights.
Areas of energy law that are of current import include alternative energy, cogeneration, electric power, hydroelectricity, nuclear power, oil and gas, and public utilities. Alternative energy refers to nontraditional energy sources, such as solar, alcohol and synthetic fuel, geothermal, and wind power. These developing resources raise legal issues for users, as well as for utilities that offer such systems to their customers. Alternative energy sources exist at the edge of established law, and thus, due to the scarcity of well-established alternative energy law, many legal arguments analogize from older doctrines of property and environmental law. Experienced energy lawyers can structure effective alternative energy resource claims and defenses.
Cogeneration involves the secondary production of energy from a single process. Utilities use cogeneration to yield more energy from a single source, while businesses use the technique to create their own energy. Companies sometimes even sell their cogenerated energy to utilities for a profit. Several states have required that utilities purchase excess power from individuals generating certain electricity from certain alternative energy sources. Although cogeneration seems an attractive option for businesses, the regulations are complex. Experienced energy lawyers can assist businesses in structuring a legally sound cogeneration strategy.
Electric power results from the conversion of other energy sources such as oil, coal, gas, nuclear, or water power to rotate turbines to generate electricity. The use of various energy sources creates environmental and regulatory challenges, while the distribution and pricing of electric power must comply with various legal requirements. Federal rules on interconnections and ratemaking help secure the benefit of electrical service to the public, but most consumers' primary contact with the electricity industry occurs at the state level. State boards can help consumers resolve disputes and assert their rights against the larger corporate energy interests, but legal representation before these administrative bodies can help consumers get satisfaction.
Hydroelectricity, by contrast, is created by the power of falling water. While hydroelectricity provides cost-effective power, it does cause some environmental repercussions. Further, conflicts over the best use of the available water resources can occur. Hydropower facilities must meet federal environmental regulations established by the National Environmental Policy Act (NEPA) and other federal laws. In order to obtain a hydropower license from the U.S. Federal Energy Regulatory Commission (FERC), the applicant must complete a NEPA environmental impact statement. Federal laws require that FERC weigh environmental impacts against power needs when granting licenses. Facilities must observe the Clean Water Act and conservation legislation, as well. This regulatory web makes hydropower licensure difficult to achieve, but once granted, hydropower plants can amortize their large initial capital investment over long-term licensure. Lawyers experienced with NEPA and FERC procedures can help businesses secure long-term hydropower licenses.
Nuclear power produces a substantial portion of America's energy. The government directed the development of this power source from its inception, and the area remains highly regulated. Oil and gas operations, by comparison, enjoy a relatively lighter regulatory burden, largely because the industry is competitive and does not require as great of a governmental balance. Oil and gas are crucial to America's current energy-use model.
Public utilities provide the bulk of converted energy for the public's use. Government regulation of public utilities started over 100 years ago, with continuing goals of counterbalancing monopolistic tendencies and providing a safe, reasonably priced public service.
No matter what your energy production concern, an attorney experienced in energy law is your best resource for legal information in this highly regulated, complicated, and ever-evolving area.
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List of State Public Utilities Commissions
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