Guide · Energy

Energy Law: A Comprehensive Guide to Regulation, Markets, and Project Development

16 U.S.C. §§ 791

Type
Guide
Jurisdiction
National
Date
2023-08-23
Topic
Energy

Energy law is not one field but a federation of them, and this UpLaw guide maps the whole territory: the constitutional and statutory division of authority that gives the Federal Energy Regulatory Commission the wholesale market and interstate transmission while leaving retail rates, generation siting, and resource choice to the states. It traces the Federal Power Act and Natural Gas Act "just and reasonable" standard from Hope and Bluefield through Mobile-Sierra and the filed rate doctrine, then walks the traditional rate case — rate base, rate of return, prudence review, and used-and-useful — before turning to the restructured world of RTOs, locational marginal pricing, capacity auctions, and the interconnection queue that now gates every new project in America. It explains PURPA and avoided cost, the anatomy of a renewable project from site control through offtake and tax equity, the federal tax credits that drive renewable economics and their new transferability, state renewable portfolio standards and the REC markets that implement them, oil-and-gas property law from the rule of capture to post-production cost splits, pipeline certificates and eminent domain after PennEast, the NEPA and Clean Water Act overlays that decide whether anything gets built, and the emerging law of storage, DER aggregation, and mandatory reliability standards. A running hypothetical — Windward Renewables, taking a solar-plus-storage project from a landowner option to financial close — grounds each doctrine. Retail ratemaking, siting, RPS design, and mineral property law are state law and vary enormously; the tax rules change with every Congress; verify current law before relying on anything here.

Energy Law: A Comprehensive Guide to Regulation, Markets, and Project Development

Energy > Energy Regulation | Published 23 August 2023 - Updated 29 May 2025 | UpLaw - uplaw.us

Energy law is the law of a machine that must balance itself every second, financed with capital that must be repaid over forty years, sited on land somebody else owns, and priced by a regulator who was not there when the money was spent. Every doctrine in this guide is an answer to some part of that problem.

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