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Energy Law Research Guide

Introduction

This guide is designed to assist with research on energy law at the Georgetown University Law Library. Both primary and secondary materials in print and electronic formats are included in the guide. Members of the Georgetown University community can seek additional assistance at the reference desk or online.

Primary Sources

Typically, federal primary law controls the transportation, distribution and sale of energy and energy-related natural resources in interstate commerce. State primary law controls intrastate energy distribution activities. In this section we list sources of both federal and state primary sources.

Case Law

For general information about case law research, see our Case Law Research Tutorial.

Specialized Case Law Databases - Federal
Specialized Reporters - Federal
  • Nuclear Regulation Reporter (1964-). Reports on the law of atomic energy. Court opinions are indexed and reprinted.
    Print only: KF2138.A6 C66 1975.
  • Utilities Law Reporter (1974-; library cancelled subscription in 2008). Covers the regulation of gas and electric utilities. Provides the full text of federal statutes and regulations, FERC orders and opinions, and state and federal court decisions, including U.S. Supreme Court decisions.
    Print only: KF2096.A6 C6 1974.
Specialized Case Law Databases - State
Specialized Reporters - State
  • Utilities Law Reporter (1974-; library cancelled subscription in 2008). Covers the regulation of gas and electric utilities. Provides the full text of state court decisions.
    Print only: KF2096.A6 C6 1974.

Statutes

For general information about statutory research, see our Statutory Research Tutorial.

Major Federal Acts Related to Energy Law
  • Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.
    The Atomic Energy Act of 1954 is " the fundamental U.S. law on both the civilian and the military uses of nuclear materials," according to the Nuclear Regulatory Commission web site. The Act requires that civilian uses of nuclear materials and facilities be licensed, and empowers the NRC to make relevant regulations.
  • Department of Energy Organization Act of 1977, 42 U.S.C. § 7101 et seq.
    The DOE Organization Act created the Department of Energy and gave it the powers formerly vested in the Federal Envergy Administration, Energy Research and Development Administration, and Federal Power Commission.
  • Energy Policy Act of 2005, Pub. L. 109-58 (codified in scattered sections throughout titles 16, 22, 26, and 42 of the United States Code). Among other things, this act authorized loan guarantees for "innovative" energy technologies that avoid creating greenhouse gases; authorized subsidies for wind and other alternative energy sources; increased the amount of biofuel that must be mixed with gasoline sold in the United States; and provided tax breaks to homeowners who make energy conservation improvements to their homes.
  • Federal Power Act (a.k.a. Public Utility Act of 1935), 16 U.S.C. § 791 et seq. Provided the basis for federal regulation of interstate wholesale electric rates.
  • Natural Gas Act of 1938, 15 U.S.C. 717 et seq. This act gave the Federal Power Commission (now the Federal Energy Regulatory Commission, or FERC) to set "just and reasonable rates" for the interstate transmission or sale of natural gas. It also gave the FPC authority to grant permits for the construction and operation of interstate gas transmission facilities.
  • Natural Gas Policy Act of 1978, 15 U.S.C. § 3301 et seq.
    The NGPA was intended to initiate price decontrol and eliminate the dual market for natural gas created by competing state and federal regulatory regimes.
  • Public Utility Holding Company Act of 2005, 42 U.S.C. § 16451 et seq. This act, which was part of the Energy Policy Act of 2005, repealed the Public Utility Holding Company Act of 1935 and shifted the remaining, limited federal public utilities oversight responsibility from the SEC to FERC. The 2005 Act limits FERC's review of proposed utility mergers to antitrust-related and cross-subsidization issues, and requires that such reviews be completed within a 180 day period.
Specialized Statute Databases - Federal
Specialized Statute Databases - State

Regulations & Regulating Agencies

For general information about administrative agencies and how they make regulations, see our Administrative Law Research Tutorial.

Federal

Federal agencies dealing with the regulation of energy in the United States include the Department of Energy, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, and the Department of the Interior. Each of these agencies issues its own regulations and decisions.

State

States typically regulate public utilities through public utility commissions. Contact information for and links to the web sites of all state public utility commissions are available from the National Association of Public Utility Commissioners web site.

Public utility commission decisions can be found in the following databases:

State public utility commissions also issue regulations related to energy distribution. Neither Lexis or Westlaw has state regulation databases limited to the topic of energy regulation. Consult the full regulation databses for individual states:

  • Lexis: Individual States (listing of individual states, with links to administrative codes for each state under "Find Statutes, Regulations, Administrative Materials & Court Rules").
  • Westlaw: Individual States (listing of individual state administrative code databases).

Secondary Sources

Treatises

  • Energy Law and Transactions (1990-). Edited by David J. Muchow and William A. Mogel. Lexis Electronic Resource.
    Covers the energy industry, including traditional energy sources, such as oil, gas, electricity, and coal, as well as nontraditional energy technologies and sources, such as hydroelectricity, solar, nuclear, biomass, and cogeneration.
  • Energy Law in a Nutshell (2004). Joseph P. Tomain KF2120.Z9T65 2004.
    Brief introduction to energy economics, policy and law, intended primarily for law students.
  • FERC Practice and Procedure Manual (200?-). Westlaw Electronic Resource.
    Covers FERC regulations, providing preamble excerpts and digests of orders and decisions.
  • Institute for Energy Law of the Center for American and International Law (2002-). Lexis Electronic Resource. Updated annually.
    The proceedings of the Annual Institute on Oil and Gas Law, part of The Institute for Energy Law of The Center for American and International Law’s continuing education program, provide guidance on legal issues involving the oil, gas and energy industries. Includes an index and table of cases.
  • International Encyclopedia of Laws: Energy Law (2001-). R. Blanpain (ed.). K3478.I56 2001. Looseleaf updates.
  • Law of Oil and Gas Leases (1967-). Earl Brown. Lexis Electronic Resource.
    A primer for beginners and a reference manual and research source for more experienced practitioners.
  • Natural Gas Contracts (200?-). Westlaw Electronic Resource.
    This manual covers gas contract terms and clauses; arbitration, warranty and project-financing situations; and short-term agreements. It also provides complete sample contracts.
  • Oil and Gas Law (1959-). Originally by Howard R. Williams and the late Charles J. Meyers;
    Revisions by Patrick H. Martin and Bruce M. Kramer. Lexis Electronic Resource.
    The most authoritative and comprehensive treatise on the law relating to oil and gas. Frequently cited by the courts and highly regarded by oil and gas attorneys, the treatise monitors changes to the law as well as new and developing areas.
  • A Treatise on the Law of Oil and Gas: Including Forms, Statutes, Regulations (1962-). Eugene O. Kuntz. Lexis Electronic Resource.
    Increasingly cited by courts in oil and gas producing states, this treatise provides an exhaustive survey of oil and gas conveyancing and operations.

Journals & Current Awareness

The following are just some of the periodicals relating to energy in general or energy law, which are available through the Library's subscription databases:

Below are useful resources for following current developments in energy law:

  • Current Energy Legal Literature
    Current Energy Legal Literature is a resource for keeping informed of current articles concerned with development and regulation of energy resources and related policy, primarily in the United States. The emphasis is on renewable and alternative energy sources and new developments in traditional sources, including articles about directly applicable environmental law.
  • Environment and Energy Daily
    Environment and Energy Daily tracks environmental and energy issues in Congress. E&E Daily is published daily except during extended congressional recesses. In addition to original reporting on daily legislative activity, coverage includes hearings, schedules, appropriations, legislative status and other related documents.

Other Resources

Associations and Organizations

  • American Bar Association - Section of Environment, Energy and Resources
    Publications include a bi-monthly newsletter, Trends, focusing on current developments in this area and a quarterly magazine, Natural Resources and Environment.
  • Energy and Mineral Law Foundation
    A non-profit educational organization providing information on legal issues related to the energy and mineral industry through workshops, specialty programs, publications and electronic information.
  • Energy Bar Association
    The Energy Bar Association is an international, non-profit association of more than 2,400 members active in all areas of energy law. It publishes the Energy Law Journal.
  • International Atomic Energy Agency (IAEA)
    The IAEA is a specialized agency of the United Nations, headquartered in Vienna, aimed at promoting "safe, secure and peaceful nuclear technologies." This is a very useful website for researching international standards, codes and guides specific to nuclear energy.
  • Institute for Energy Law
    The Institute provides continuing education for professionals in the energy industry, and publishes The Oil and Gas Reporter and Proceedings of the Institute on Oil and Gas Law.
  • National Association of Public Utility Commissioners (NARUC)
    NARUC is an association representing the State public service commissioners who regulate essential utility services, such as electricity, gas, telecommunications, water, and transportation, throughout the country.
  • Organization of the Petroleum Exporting Countries (OPEC)
    OPEC is an intergovernmental organization which was created in 1960. Its aim is to "stabilize the oil market and help oil producers achieve a reasonable rate of return on their investments". Some of OPEC's publications are: World Oil Outlook, Monthly Oil Market Report, Annual Statistical Bulletin and the OPEC Bulletin.
  • The World Bank Group - Energy Website
    The World Bank's Energy site contains useful publications and statistical data on energy.

Government Resources

Revised 7/22/2009 (SKB)

Page last saved 23-Nov-2009