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Executive summary: legal obstacles and incentives to the development of small scale hydroelectric potential in the seven mid-western states

Technical Report ·
DOI:https://doi.org/10.2172/5167812· OSTI ID:5167812
The relationship of Federal law and regulation to state law and regulation of small-scale hydroelectric facilities is described. Important features of the constitutional law, statutory law, case law, and regulations of each of the 7 mid-western states (Illinois, Indiana, Kentucky, Michigan, Ohio, West Virginia, and Wisconsin) are highlighted. The introductory section examines the dual regulatory system from the standpoint of the appropriate legal doctrine, i.e., the law of pre-emption, and the application of this law to the case of hydroelectric development and regulation of water resources. A state-by-state synopsis of these important provisions of the laws of the states that have a bearing on small-scale hydroelectric development is presented.
Research Organization:
Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
Sponsoring Organization:
USDOE
DOE Contract Number:
AS02-78RA04934
OSTI ID:
5167812
Report Number(s):
DOE/RA/04934-08
Country of Publication:
United States
Language:
English