Why do people fight about water rights? Who decides how much water can be used by a city or irrigator? Does the federal government get involved in state water issues? Why is water in Colorado so controversial? These questions, and others like them, are addressed in Colorado Water Law for Non-Lawyers. This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era in the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado’s present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests—including the drought of the past decade and the competing interests for scarce water resources—and predict how it will stand up to new demands in the future.This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law. Read more

The privatization of large state-owned enterprises is one of the most radical policy developments of the last quarter century. Right-wing governments have privatized in an effort to decrease the size of government, while left-wing governments have privatized either to compensate for the failures of state-owned firms or to generate revenues. In this way, privatization has spread from Europe to Latin America, from Asia to Africa, reaching its zenith with Central and Eastern Europe's transition from socialism to capitalism.In many countries state ownership has been an important tool in bringing cheap water, energy, and transport to poorer segments of the population. In other instances, it has sponsored aggressive cutbacks, corruption, and cronyism. Privatization: Successes and Failures evaluates the practices and results of privatization in Eastern Europe, Africa, Latin America, and Asia. Featuring the world's leading economists and experts on privatization, this volume offers a broad and balanced analysis of specific privatization projects and uncovers some surprising trends. Partial privatization, for example, tends to be more widespread than one might think, and the effects of privatization on efficiency are generally mixed but rarely negative. Also, while privatization appears uncontroversial in competitive sectors, it becomes increasingly complex in more monopolistic sectors where good regulation is crucial. Privatization concludes with alternative frameworks for countries in Africa and other regions that seek to develop privatization policy and programs. Read more

Our public utilities--monopoly sellers of electricity, gas, telecommunications, and water--build and operate the infrastructure that supports modern economies. The purpose of public utility regulation is to define and demand the performance required of these companies. The many regulatory actions (e.g., legislation, rulemaking, adjudication, judicial review), and the many regulatory techniques (e.g., ratemaking, merger review, unbundling and the introduction of competition), can succeed only if decisionmakers and practitioners share the same goal: aligning private behavior with the public interest. Whatever the context--renewable energy, nuclear power, broadband, gas pipeline explosions, smart grid, transmission, carbon emissions--and whatever the forum--federal and state legislatures, commissions or courts--regulators must be purposeful, educated, independent and decisive. And to face the forces of self-interest and short-term thinking that can undermine the high purpose of regulation, they need curiosity, ethics and courage. These 60 essays, authored by a veteran practitioner, advisor and educator, describe the attributes and actions that ensure utility performance. Read more

Amazon Bestseller in Regulation Business LawAmazon Bestseller in Corporate GovernanceAmazon Bestseller in Oil & Energy Industry (Kindle Store)Amazon Bestseller in Business Consolidations & MergersAmazon Bestseller in Public Utilities Law (Books and Kindle Store) The ultimate guide to the ongoing consolidation of the utilities industryRoll-Up delves into the rich history of utilities consolidation—from the original, highly fragmented U.S. industry structure, through the development of industry views on consolidation and participation, to the drivers and events occurring in the cycles of the modern era, from 1995 to 2020.Expert utilities consultant Tom Flaherty interviewed eleven current or former chief executive officers, investment bankers, attorneys, and ratings analysts who provided introspection and commentary on their experiences with consolidation in the modern era. These notable individuals made the tough decisions about whether to pursue a transaction, evaluated the logic of potential combinations, crafted merger agreements, designed the process for successful outcomes, and guided the execution of mergers through the strategy, financing, regulatory, and integration processes.In Roll-Up, Flaherty hascombined these interviews of experts in the utilities industry with detailed research and decades of experience to explore topics likethe changing motivations for combinations,hands-on perspectives of successful transaction execution,the current nature of business simplification and portfolio rationalization,what could happen next for utility mergers and acquisitions.Roll-Up covers the past and present of utilities consolidation and looks over the horizon at how future transactions might evolve beyond those historically conducted. Read more

Why has the American South--a place with abundant rainfall--become embroiled in intrastate wars over water? Why did unpredictable flooding come to characterize southern waterways, and how did a region that seemed so rich in this all-important resource become derailed by drought and the regional squabbling that has tormented the arid American West? To answer these questions, policy expert and historian Christopher Manganiello moves beyond the well-known accounts of flooding in the Mississippi Valley and irrigation in the West to reveal the contested history of southern water. From the New South to the Sun Belt eras, private corporations, public utilities, and political actors made a region-defining trade-off: The South would have cheap energy, but it would be accompanied by persistent water insecurity. Manganiello's compelling environmental history recounts stories of the people and institutions that shaped this exchange and reveals how the use of water and power in the South has been challenged by competition, customers, constituents, and above all, nature itself. Read more

Drawing from the most recent work on economic regulation, this book introduces readers to the main principles and examines how economic regulation is applied in four key public utility industries - electricity, gas, water and telecommunications. Written for students and practitioners with little prior knowledge of economic regulation, this is an accessible, non-technical entry point to the subject area, exploring the fundamental questions: Why do we regulate? What are alternatives to regulation? Which institutions are involved in regulation? What have been the impacts of regulation? Readers will gain a clear understanding of the basic principles that apply to all regulated sectors, as well as the regulatory choices that reflect the specific economic and physical characteristics of different industries. Case studies demonstrate connections between regulatory theory and practice, and extensive references provide readers with resources for more in-depth study. Read more

THIS CASEBOOK contains a selection of 25 U. S. Court of Appeals decisions that analyze and discuss issues surrounding the regulation of natural gas by the Federal Energy Regulatory Commission. The selection of decisions spans from 2011 to the date of publication. The Natural Gas Act grants FERC jurisdiction over the transportation and wholesale sale of natural gas in interstate commerce. 15 U.S.C. § 717(b)-(c). Any person seeking to construct or operate a facility for the transportation of natural gas in interstate commerce must first obtain a certificate of public convenience and necessity from the Commission. Id. § 717f(c)(1)(A). FERC is authorized to issue such a certificate to any qualified applicant upon finding that the proposed construction and operation of the pipeline facility is required by the public convenience and necessity. Id. § 717f(e). Delaware Riverkeeper Network v. FERC, 753 F. 3d 1304 (DC Cir. 2014) Under Section 7(c) of the Act, before an applicant can construct or extend an interstate facility for the transportation of natural gas, it must obtain a "certificate of public convenience and necessity" from the Commission. 15 U.S.C. § 717f(c)(1)(A); Dominion Transmission, Inc. v. Summers, 723 F.3d 238, 240 (D.C.Cir.2013). The statute provides that a certificate "shall be issued to any qualified applicant" upon a finding that "the applicant is able and willing properly to do the acts and to perform the service proposed ... and that the proposed service" and "construction... is or will be required by the present or future public convenience and necessity." 15 U.S.C. § 717f(e). FERC may, in issuing such a certificate, attach "such reasonable terms and conditions as the public convenience and necessity may require." Id.; Murray Energy Corp. v. FERC, 629 F.3d 231, 234 (D.C.Cir.2011). Minisink Residents For Envtl. Pres. v. FERC, 762 F. 3d 97 (DC Cir. 2014). The Commission has issued a policy statement outlining the criteria it considers in reviewing such certificate applications. Certification of New Interstate Natural Gas Pipeline Facilities, 88 FERC ¶ 61,227 (Sept. 15, 1999), clarified, 90 FERC ¶ 61,128 (Feb. 9, 2000), further clarified, 92 FERC ¶ 61,094 (July 28, 2000) ("Certificate Policy Statement"). The Commission will first confirm "whether the project can proceed without subsidies from the[] existing [pipeline's] customers." Id., 88 FERC ¶ 61,227, at 61,745. Then, it will "balanc[e] the public benefits against the adverse effects of the project." Id., 90 FERC ¶ 61,128, at 61,396. FERC will approve a project only "where the public benefits of the project outweigh the project's adverse impacts." Id.; see also Fla. Gas Transmission Co. v. FERC, 604 F.3d 636, 649 (D.C.Cir.2010) (Brown, J., concurring in part and dissenting in part) (summarizing the factors examined under FERC's Certificate Policy Statement). Minisink Residents For Envtl. Pres. v. FERC, ibid. Read more

The late Governor of New York, Mario Cuomo, once said: “You almost never hear about the New York Power Authority, but you should. It would do us all a lot of good: you can see government at its very best.” Natural Power: The New York Power Authority's Origins and Path to Clean Energy tells the story of the history, mission, and values of the Power Authority of the State of New York. Beginning with the birth of generated electricity in New York State, Natural Power emphasizes the role of inventors like Edison, Tesla, and Westinghouse; investors like J. P. Morgan; and government figures like Franklin D. Roosevelt and Dwight Eisenhower played in helping to spread electricity from a luxury to a necessity in America. At its core, the Power Authority played an essential role in establishing public power over the private sector and greatly influenced the development of power from natural resources. It created affordable, sustainable alternatives for citizens across the state with the construction of the Niagara Falls and St. Lawrence River power plants, and provided a template for the rest of the country to establish public power services. Today, this essential public service provides almost a quarter of New York State’s power, dedicates much research and development to environmentally-friendly power sources, and consistently leads the vanguard of utilities in sustainability and modernization in the 21st century. Read more

What do phone rates, frequent flyer programs, and railroad tariffs all have in common? They are all examples of nonlinear pricing. Pricing is nonlinear when it is not strictly proportional to the quantity purchased. The Electric Power Research Institute has commissioned Robert Wilson to review the various facets of nonlinear pricing. The work starts with a general non-mathematical discussion, followed by a more technical presentation intended for readers with a fairly advanced background. Thorough and detailed, this study has ample examples of case studies from a variety of industries. Read more

Early in the twentieth century, for-profit companies such as Duke Power and South Carolina Electric and Gas brought electricity to populous cities and towns across South Carolina, while rural areas remained in the dark. It was not until the advent of publicly owned electric cooperatives in the 1930s that the South Carolina countryside was gradually introduced to the conveniences of life with electricity. Today, electric cooperatives serve more than a quarter of South Carolina's citizens and more than seventy percent of the state's land area, bringing not only power but also high-speed broadband to rural communities.The rise of "public" power—electricity serviced by member-owned cooperatives and sanctioned by federal and state legislation—is a complicated saga encompassing politics, law, finance, and rural economic development. Empowering Communities examines how the cooperatives helped bring fundamental and transformational change to the lives of rural people in South Carolina, from light to broadband.James E. Clyburn, the majority whip of the U.S. House of Representatives from South Carolina, provides a foreword. Read more

La comprensión de una ciencia como el Derecho administrativo debe buscar unos elementos que en lo posible puedan ser compresivos de todas las partes que lo componen, que comprende los principios generales y categorías jurídicas válidas y que justifica el título de esta nueva obra revisada, actualizada y ampliada: Derecho Administrativo General y Comparado.Para apreciar el plan sistemático seguido en la obra, el autor da cuenta de l’état de l’art del sistema de Derecho administrativo dentro del contexto o marco constitucional, y con referencias constantes al “Derecho comparado horizontal”, pero básicamente de sus temas basilares, sin perjuicio de identificar las singularidades autonómicas.El autor hace referencia a la noción jurídica de servicio público desde una nueva perspectiva, contemporánea, para situarnos en fechas más próximas a nosotros. Es la institución del servicio público de nuevo cuño como categoría jurídica, ahora sí en su sentido estricto y propio, que apunta a la renovación de una institución tan especial y de tanta trascendencia que reviste su calificación jurídica, e invita a intentar aclarar el alcance y los fines esenciales del propio modelo de Estado Constitucional contemporáneo que comprende, conforme con este volumen, la actividad administrativa (Parte Primera); el Derecho de los servicios públicos (Parte Segunda); la gestión de los servicios públicos (Parte Tercera); y por último el sistema de garantía de prestación de los servicios públicos (Parte Cuarta). Read more

Les termes usuelles de la correspondance administrative:Hier,aujourd'hui et demain. Read more

THIS CASEBOOK contains a selection of 32 U. S. Court of Appeals decisions that analyze and discuss regulation of the sale and transmission of electric power by the Federal Energy Regulatory Commission. The selection of decisions spans from 2011 to the date of publication. The Commission is charged under the Federal Power Act ("FPA") with regulating the sale and transmission of electric energy, primarily ensuring that energy is provided at a just and reasonable rate. 16 U.S.C. § 824d(a). The Commission has jurisdiction over such sale and transmission, but states retain the right to regulate the facilities responsible for the generation of electric energy. Id. § 824(b). In exercising its duty to oversee the wholesale electricity market, FERC has undertaken to regulate capacity markets, which dictate the amount of electricity available for production and transmission when needed. See Connecticut Dep't of Pub. Util. Control v. FERC, 569 F.3d 477, 479 (D.C.Cir. 2009). At the foundation of FERC's current regulatory scheme of the electric market stands Order No. 888. (fn. omitted.) In Order No. 888, FERC undertook to promote wholesale competition through open access and nondiscriminatory transmission services. As part of that undertaking, FERC "encouraged the formation of independent system operators (ISOs) to administer transmission services and new markets for wholesale electricity transactions." Sithe/Independence Power Partners, LP v. FERC, 285 F.3d 1, 2 (D.C.Cir.2002). The regulatory scheme contemplates that the ISOs will "adopt transmission (and ancillary services) pricing policies to promote the efficient use of, and investment in, generation, transmission, and consumption" of wholesale electric power in specific energy capacity systems. Id. New England Power Generators Ass'n v. FERC, 757 F. 3d 283 (DC Cir. 2014). * * * In the nearly eight decades since the FPA was enacted, technological advances have revolutionized the way electric power is generated and transmitted. Transmission grids are now largely interconnected, which means that "any electricity that enters the grid immediately becomes a part of a vast pool of energy that is constantly moving in interstate commerce." New York, 535 U.S. at 7, 122 S.Ct. 1012. In addition to making the transfer of electricity over long distances more efficient, the development of a national, interconnected grid has made it possible for a generator in one state to serve customers in another, thus opening the door to potential competition that did not previously exist. Id. at 8, 122 S.Ct. 1012. Public utilities still retain ownership over transmission lines, however, and so, until recently, had the ability to stifle competition from new generators by "refus[ing] to deliver energy produced by competitors or [by] deliver[ing] competitors' power on terms and conditions less favorable than those they apply to their own transmissions." Id. at 8-9, 122 S.Ct. 1012. Congress changed this with two pieces of legislation — the Public Utility Regulatory Policies Act of 1978 ("PURPA"), Pub.L. 95-617, and the Energy Policy Act of 1992, Pub.L. 102-486. Respectively, those two statutes obligated traditional utilities to purchase electricity from "nontraditional facilities," and authorized FERC to order utilities to provide transmission services to independent generators. New York, 535 U.S. at 9, 122 S.Ct. 1012. In 1996, FERC issued a landmark ruling [Order No. 888] requiring the "functional unbundling" of wholesale generation and transmission services, and requiring utilities to provide open, nondiscriminatory access to their transmission facilities. New Jersey Bd. of Public Utilities v. FERC, ibid. Read more

Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book dynamically covers the major areas of international aviation law, and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law.The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the international and, if any, the European applicable legislation. Delivery of these aims is attained through a dynamic and balanced use of didactic instruments and immediate information.The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also aims to constitute a useful reference material for those who are familiar with legal terminology and aviation specifics. Read more

Social Media Marketing & Content Marketing for 2020 2 in 1 BundleGrowth Strategies to Stay Ahead in the Changing World of Digital Marketing and Maximize ROI.Book 1: Social Media Marketing 2019; The Ultimate Guide to Boosting Your Business Through Social Media Marketing EffortsAre you an entrepreneur that wants to use social media marketing to get the word out about your business online? You need an overview of what’s out there so that you don’t misstep in 2019.Social media changes every other day. It’s hard enough running a business without having to wonder what to do on your social platforms constantly. Luckily, there are ways you can boil things down, and focus on key high-earning processes that make SMM lucrative.In Social Media Marketing 2019, I get right to the heart of boosting your business through platforms like Facebook, YouTube and Instagram. I’ll help you understand which metrics to measure, and show you how to put together a winning content strategy for more customers, more often!In this step-by-step guide you’ll find out: How to use Facebook,YouTube and Instagram for super-powered marketingHow to develop a working social media marketing strategyAbout the secret insights hidden in monitoring and listening onlineWhich social channels to invest in, and which to run away fromHow to target the best customers and build real relationshipsWhat your competition is doing and how to outstrip themWith so much information out there, you need a guide that gives it to you straight. You’ll come away with a plan and a set of strategies that will drastically boost your online business.Invest in social media marketing to accelerate your business growth, income and reach. It’s up to you to take this information and change your life. Start now!Get the latest strategies on SMM with this practical guide.Get the book, make those sales!Book 2: Content Marketing: Growth Strategies to Stay Ahead in the Changing World of Content Marketing and Maximize ROI.Do you want to kick-off your successful content marketing business? As a writer, you can enter the lucrative world of content marketing and secure a successful, high-income career.Writers used to earn pennies. Today, everyone needs good writing. It’s a commodity that has made content marketers high in demand. If you can learn how to create content that performs for your clients, you’ll never be without work again. Better yet, you’ll earn more than doctors do!In Content Marketing, I will teach you the system that will take you from zero to high flyer in the world of content marketing. Learn to apply your writing skills in the marketing arena, and you will be amazed at the results you can get. This is the career you’ve been waiting for!In this step-by-step guide you’ll learn:How exactly to build an amazing opt-in offerWhere the money is and how to get itHow to create the right content, then 10X your resultsTo understand what it takes to be a great copywriterHow to build fantastic landing pages that sell things like hot cakesHow to market content on Facebook for wider reachWith this all-in-one get-started guide, you’ll unpack the most direct route to becoming a competent, in-demand content marketing writer – in just a few days.Get into content marketing when you apply the tried and tested tips in this guide. There’s no time like right now to begin your new, lucrative career!Become a content marketing superstar with this easy guide.Buy it now and start writing! Read more

Updated up to December 10, 2021. Read more

This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and Artificial Intelligence. It is one of the results of the thirteenth annual International Conference on Computers, Privacy and Data Protection (CPDP) held in Brussels in January 2020. The development and deployment of Artificial Intelligence promises significant break-throughs in how humans use data and information to understand and interact with the world. The technology, however, also raises significant concerns. In particular, concerns are raised as to how Artificial Intelligence will impact fundamental rights.This interdisciplinary book has been written at a time when the scale and impact of data processing on society – on individuals as well as on social systems – is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection. Read more

THIS CASEBOOK contains a selection of 125 U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Natural Gas Act. The selection of decisions spans from 2004 to the date of publication. Congress enacted the Natural Gas Act, ch. 556, 52 Stat. 821 (1938) (codified as amended at 15 U.S.C. § 717 et seq.), with the "principal purpose" of "encourag[ing] the orderly development of plentiful supplies of . . . natural gas at reasonable prices," NAACP v. Fed. Power Comm'n, 425 U.S. 662, 669-70 (1976). "[S]ubsidiary" purposes include respecting "conservation, environmental, and antitrust" limitations. Id. at 670 & n.6. The Act vests the Commission [FERC] with authority to regulate the transportation and sale of natural gas in interstate commerce, including authority to issue certificates permitting the construction or extension of natural gas transportation facilities[.] 15 U.S.C. § 717f(c). Myersville Citizens For A Rural Community, Inc. v. FERC, (DC Cir. 2015). The Natural Gas Act (NGA) requires any party seeking to construct a facility for transporting natural gas first to obtain a certificate of public convenience and necessity from the Federal Energy Regulatory Commission. 15 U.S.C. § 717f(c)(1)(A). [T]he Commission grants a certificate only if the construction project "is or will be required by the present or future public convenience and necessity," and conditions it upon "such reasonable terms and conditions as the public convenience and necessity may require." 15 U.S.C. § 717f(e). Gunpowder Riverkeeper v. FERC, (DC Cir. 2015). In issuing a certificate, however, the Commission must comply with the separate statutory mandate of the National Environmental Policy Act (NEPA). See 42 U.S.C. § 4332(2)(C). In accordance with the NEPA, every application for a certificate prompts an environmental review. Generally, the Commission first prepares an environmental assessment and, unless it determines the proposed project would have no significant environmental impact, it goes on to prepare a full-blown environmental impact statement. See 40 C.F.R. § 1501.4. Gunpowder Riverkeeper v. FERC, ibid. In addition, the Clean Water Act (CWA) requires every applicant for a federal permit authorizing any action that "may result in any discharge into the navigable waters" of the United States to submit to the permitting agency a certification from the appropriate state or interstate agency "that any such discharge will comply" with the CWA. 33 U.S.C. § 1341(a)(1). Gunpowder Riverkeeper v. FERC, ibid. When the Commission issues a certificate of public convenience and necessity, it "sets initial rates governing the sale price of natural gas transported in the pipeline," Missouri I, 601 F.3d at 583, and may "attach to the . . . certificate . . . such reasonable terms and conditions as the public convenience and necessity may require," 15 U.S.C. § 717f(e). Under that authority, the Commission "employs a 'public interest' standard to determine the initial rates that a pipeline may charge for newly certificated service." Mo. Pub. Serv. Comm'n v. FERC, 337 F.3d 1066, 1068 (D.C. Cir. 2003) (citing Atl. Ref. Co. v. Pub. Serv. Comm'n, 360 U.S. 378, 391 (1959)). Initial rates "offer a temporary mechanism to protect the public interest until" the Commission sets permanent rates pursuant to NGA § 4, 15 U.S.C. § 717c. Algonquin Gas Transmission Co. v. Fed. Power Comm'n, 534 F.2d 952, 956 (D.C. Cir. 1976). Missouri Public Service Commission v. FERC, (DC Cir. 2015). . . . Read more

El presente libro denominado Régimen municipal y orientación ciudadana es una obra de naturaleza especial de estudio sobre la organización del Estado, la percepción de la soberanía municipal, la orientación ciudadana que permitirá al lector entender los entramados institucionales de la gestión pública, una síntesis de los diferentes derechos que convergen en la normativa del urbanismo, con sus respectivas legislaciones, y al mismo tiempo, otras nociones generales de la conformación del Estado nacional, para que los munícipes puedan adaptarse mejor a la vida urbana, descubrir las nuevas piezas de un rompecabezas dinámico y evolutivo de las actuaciones políticas, donde el derecho requiere ser configurado desde un nuevo modelo social. A la vez pretende ser una herramienta útil para todos aquellos que están en el ejercicio de una función política. La investigación expone un esquema, que constituye un esfuerzo de dinamizar una nueva forma de explicar los fenómenos políticos jurídicos, y pretende atomizar los elementos esenciales desde una percepción de la estructura estatal, cuya orientación principal se apoya en la vida municipal organizada y la articulación comunitaria. De manera que el texto está escrito en cinco direcciones: una visión localista sin dejar de conceptualizar los aspectos de la organización general del Estado nacional, el modo en que los electores puedan acceder a los cargos públicos sus derechos y sanciones, un enfoque de las condiciones que conducen a las pautas que concurren en el urbanismo, al mismo tiempo desde un punto de vista ciudadana con el propósito de ayudar a las personas a entender algunos problemas básicos del quehacer en las relaciones jurídicas entre los particulares, su relación con el Estado político. También contiene un vocabulario jurídico. Read more

To determine whether the industrial base for the U.S. domestic coal-based electricity generation industry can maintain the capability to design, construct, operate, and maintain coal-fired electricity generating units within reasonable cost, schedule, performance, environmental, and quality expectations, this book reviews interviews with stakeholders and data describing key elements of industry capability and validation or verification of concerns. Read more