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An Unaccommodating Decision for the Accommodation Doctrine: Texas Groundwater Law and Severed Estates

At the moment, the water issues the Texas legislature appears likeliest to take up in its 2015 session involve groundwater.  In exploring potential groundwater policies – whether aimed at brackish groundwater production, aquifer storage and recovery, or some other subject area – it will have to contend with an outdated governance regime that makes the… Full Story

The Current State of Renewable Portfolio Standards

On June 13th, Ohio Governor John Kasich signed into law Senate Bill 310, which extended the current 2025 deadline for Ohio to obtain at least 12.5 percent of its total energy from renewable sources by two years, to 2027. In order to reach the 12.5%, the original 2008 mandate, SB 221, included a plan to… Full Story

EPA’s Clean Power Plant Proposed Rule and Its Impact in Texas

In June, EPA introduced the Clean Power Plan Proposed Rule, a plan to cut carbon emissions from fossil fuel-fired power plants by 30 percent from 2005 levels by 2030. As proposed, the rule has two main elements: (1) specific goals setting amounts by which each state must reduce its CO2 emissions and (2) standards that… Full Story

Drought: Always a Disaster, Never a Presidentially Declared One

In May, the Senate passed the Emergency Drought Relief Act of 2014 (S. 2198), a bill directing various federal agencies to provide California with additional water supplies during its current drought. The version of the bill originally introduced included a title that would have amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act,… Full Story

How Chile Might Leave the “Chilean Model” Behind: President Bachelet’s Proposal to Reform the Country’s Famously Laissez-Faire Water Laws

Earlier this month, the Energy Center hosted a conference in Santiago on emerging trends in the use of international arbitration to resolve energy disputes in Latin America.  Naturally, it was the sort of occasion that inspired a comparative law perspective. Chilean President Michelle Bachelet, who assumed office in March 2014 (after having served a previous… Full Story