Syllabus

L644 Energy Law and Policy

Wednesdays 6:35-8:35 PM, Law 215

Instructor: Dr. Kenneth Richards

Office: SPEA Rm. 410

Telephone: 855-5971

Email:  kenricha@indiana.edu

Office Hours: MW 11:00-12:30 in SPEA, W 5:00-6:35 in Law as needed

Website: http://classwebs.spea.indiana.edu/kenricha/

Introduction

Welcome to the field of energy law.  Consider this description of the field, provided by our colleagues at Cornell University Law School:

For most of American history, the federal government did not play an active role in the energy industries. (This history is often explained by the widespread belief in the unlimited supply of energy.) During the Great Depression and into the years of WWII, the federal government began to establish a fragmented regulatory framework, with many agencies participating. Furthermore, the Manhattan Project to develop nuclear weapons initiated the era of nuclear regulation. However, the energy crises of the 1970s forced the federal government to consolidate its scattered regulatory framework that had developed piecemeal in the previous decades. With the creation of the Department of Energy (http://www.energy.gov/) in 1977, a national energy plan emerged for the first time. The stated purpose of federal energy laws and regulations is to provide affordable energy by sustaining competitive markets, while protecting the economic, environmental, and security interests of the United States.

(from http://www.law.cornell.edu/wex/index.php/Energy#energy_law:_an_overview)

Energy law has a complex history from which is born our current system of regulations and common law.  As much as any field of law, energy law requires an understanding that weaves together economics, public policy with a vast range of other legal fields.  In this sense, energy law is truly a stew.  Let’s enjoy it.

Course Objectives

We have several objectives in this course.

• To introduce you to the basic concepts of energy law and policy.

• To provide some basic principles of economics to support the discussion of regulation. 

• To help you gain insight into both the theory and practice of energy law.

• To illustrate the application of basic legal principles in the field of energy law.

• To provide you with experience in the complexities of implementing energy policies.

   

• To provide an overview of the state and federal institutions and organizations that are central to the functioning of energy markets.

• To provide you with the opportunity to research an area of energy law and policy that particularly interests you.

• To prepare you for the type of legal and policy analysis required in both the government and private sectors.   

• To introduce you to some of the key players in the field of energy law in Indiana

• To have fun learning together.

Readings and Materials

The textbook is central to the course:

Fred Bosselman, Joel Eisen, Jim Rossi, David Spence, and Jacqueline Weaver, Energy, Economics and the Environment: Cases and Materials, Second Ed., 2006, Foundation Press.

I may also require supplemental readings.  If so, I will post these to the class website.

Student Responsibilities

Since this is a seminar course, I assume that you are all highly motivated and interested in exploring the field of energy law and policy.  As such, we have to be able to count on each other to be prepared for class. 

Students are expected to attend all class meetings.  If you cannot be at class, email me prior to the class meeting to notify me of your absence.  If a student misses more than three class meetings, the student will be administratively withdrawn from the class.  If the withdrawal deadline has passed, I reserve the right to provide the student with a failing grade for the course.

Students are also expected to be prepared to participate in the class discussions and exercises.  This means that we each need to complete the reading assignments, review the study questions, if any, before class and make positive contributions to the class discussions. 

I would like to discourage students who find themselves frequently distracted by an uncontrollable urge to perform tasks unrelated to the course during class time (e.g., sending email, checking game scores, playing solitaire, checking financial aid status) from bringing a laptop to class.  If you bring a computer to class, I expect it will be used only for taking class notes or performing the occasional Internet search to look up unfamiliar terms mentioned in class.  It is much easier for the lecturer to identify improper Internet usage than one might think, and inappropriate computer use will have a negative impact on participation grades. 

You will also be responsible for completing a professional research paper on a topic of your choice, subject to our mutual agreement.  

CLASS PAPER

This is a research and writing course.  You will choose a topic related to climate change law for your paper.  Papers should be 20 to 30 pages in length, including footnotes and the table of contents.

Paper Topic (DUE: Wednesday, September 9)

 

You will need to discuss your topic with me (in person or by email) and get approval by Wednesday, September 9.  You will want to do a significant amount of reading before choosing your topic.  You should be reviewing news articles and law review journal articles to give you ideas.

Examples of potential paper topics include:

1.      Legal barriers to the diffusion of (fill in your favorite energy technology)

2.      Climate change and the Clean Air Act

3.     The legal implications of renewable energy portfolio standards

4.   Critique of EPA's lifecycle emissions analysis for renewable fuels

5.   The problem with (fill in your favorite issue) in (fill in your favorite Energy Act)

6.   Renewable energy incentives in the Waxman-Markey Bill: will they work?

7.   The legal basis for Public Utility Commissions:  What are the limits of state regulatory authority

8.   The uneasy relation between FERC and the state utility regulators

9.   The efficiency of law:  why pooling and unitization make economic and legal sense

10.  Path to energy security in the United States

11.  Demand-side management for induced energy efficiency: the incentive problem

Paper Outline (DUE: Wednesday, September 30)

Your paper outline should reflect substantial research on your topic.  It should highlight the major topics and subtopics you plan to address in your paper.  The outline should be typed, double-spaced, and traditionally formatted with topics listed as I, II, III and so forth (and subtopics labeled A, B, C, etc.).  Please include a reference list of at least 10 books, scholarly journals, or legal publications you intend to cite in your final paper.

First Draft (DUE: Wednesday, October 28)

A good rule of thumb for your first draft is that you should be about 75 percent done with your final paper.  You should present a clear and compelling argument, though some of the language may still need to be polished.  You should have done exhaustive research and documented your references in footnotes, though you may still need to recheck, reorganize, or supplement some footnotes.  Your paper should be typed double-spaced and have footnotes and a reference list at the end.  Keep in mind that the more complete your first draft, the less work you will have to do to produce your final paper. 

Final Paper (DUE: Friday, December 4)

The final paper counts for at least 55 percent of your grade, so I would encourage you to devote a significant amount of time to this project.  I expect everyone will turn in a paper that is professional and well-polished, including a clear and concise argument; meticulously researched and documented footnotes; and a solid command of the English language. Your paper should include the following parts:

·         Title Page

·         Table of Contents

·         Paper Text

·         Footnotes including references

For examples of such well-written papers, please refer to Indiana University’s Law Review as well as Law Reviews and Law Journals of other universities.

Course Grades

Your final grade for this course will be based upon the following areas:

 

Class Participation 15%

Paper Topic 5%

Paper Outline 10%

First Draft 15%

Final Paper 55%

Academic Misconduct

I will not tolerate academic misconduct.  The Indiana University Code of Student Rights, Responsibilities and Conduct, Section III A discusses student academic misconduct. You can find this information on the website at http://dsa.indiana.edu/Code/index1.html. You are also governed by the law school's Academic Regulations (http://www.law.indiana.edu/curriculum/acadregs.pdf). Any student found cheating will receive a failing grade for the course and will be reported to the Dean of Student Affairs.  Other sanctions are possible.   On average, I have had to fail one student per semester for the past several semesters due to academic misconduct.  I hate doing this.  

Class Schedule and Assignments

The class schedule should be considered flexible, subject to change as I learn more about your interests and the speed with which we can move through the material.  The following will help you plan your readings and schedule times for the assignments and exams, but should not be considered fixed.