Preemption of state geothermal regulation - federalism gets into hot water

Journal Article · Thu Jan 01 04:00:00 EST 1987 · Land Water Law Rev.; (United States)

OSTI ID:6672940

Perry, W III

The federal government and many states have tried to encourage the development of such nontraditional energy sources as geothermal energy, but states want to ensure that development is orderly and as nondestructive as possible. The author examines how federal law preempts the state's role in regulating and mitigating the environmental, social, and economic impacts of geothermal development. The first section analyzes the current tests which the Supreme Court applies to preemption challenges to state action, then applies these tests in the context of geothermal activities. He concludes by analyzes relevant case law from oil, gas, and mineral development. He finds that the Court has tipped the scales to the states, but the Ninth Circuit court has not followed those decisions.

• OSTI ID: 6672940
• Journal Information: Land Water Law Rev.; (United States), Journal Name: Land Water Law Rev.; (United States) Vol. 22:1; ISSN LWLRD
• Country of Publication: United States
• Language: English

Related Subjects

15 GEOTHERMAL ENERGY
150400* -- Geothermal Energy-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
299002 -- Energy Planning & Policy-- Geothermal-- (-1989)
CASE LAW
ENERGY
ENERGY SOURCE DEVELOPMENT
ENERGY SOURCES
ENVIRONMENTAL IMPACTS
GEOTHERMAL ENERGY
GEOTHERMAL RESOURCES
GOVERNMENT POLICIES
LAWS
LEGAL ASPECTS
NATIONAL GOVERNMENT
REGULATIONS
RENEWABLE ENERGY SOURCES
RESOURCES
STATE GOVERNMENT