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 and Case Law Research Guide.
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
- Lexis:
- Westlaw:
- MEN-CS (all state energy cases combined; coverage varies by state)
- Individual States (listing of individual state databases)
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 and Statutes Research Guide.
Major Federal Acts Related to Energy Law
Links provided in this section to the full text of statutes are either to a version of the United States Code maintained by the Legal Information Institute, or to the text of public laws as provided on the Government Printing Office web site. The Legal Information Institute is a non-profit activity of Cornell Law School that provides free public access to primary legal authority such as statutes and case law. The Government Printing Office is an agency of the United States government responsible for disseminating federal laws and other federal publications.
- 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 Energy 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
- Free Web:
Legal Information Institute: State Statutes Related to Utilities and Transportation.
This page provides links to the full text of state utilities law statutes that are freely available on the web. The currency of linked statutes varies.
- Lexis: No energy-specific state statute databases; search general state statute databases instead.
- Westlaw:
No energy-specific state statute databases; search general state statute databases instead.
Regulations & Regulating Agencies
For general information about administrative agencies and how they make regulations, see our Administrative Law Research Tutorial and Administrative Law Research Guide.
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.
- Department of Energy
The Department of Energy (DOE) was created by and receives its regulatory authority from the Department of Energy Organization Act of 1977, 42 U.S.C. § 7101 et seq. The DOE is made up of several smaller divisions and agencies, including (but not limited to):
DOE regulations are published in Title 10 of the Code of Federal Regulations (C.F.R.). Sources of DOE decisions, regulations, and guidance documents include:
- Print: Code of Federal Regulations (1938-), KF70 .A3.
- Energy Management and Federal Energy Guidelines. Looseleaf service covering primarily oil and gas regulation. Includes the full-text of statutes, as well as Department of Energy regulations and decisions. Coverage: 1973-; library cancelled in 2005.
Print only: KF2120.A6 C64 1973
- Free Web:
- Directives/Orders:
- DOE Web Site (current, proposed, and archived (i.e., cancelled or expired) directives)
- Regulations:
- HeinOnline:
- Lexis:
- Westlaw:
- FEN-CFR (current regulations). Federal energy regulations from the C.F.R.
- FEN-DOE. Provides the full text of DOE Notices (1994-), Orders (1978-), Page Changes (1981-), and Policies (1981-).
- FEN-FR (1981-). Federal Register notices related to energy regulation.
- Department of the Interior
Several bureaus and agencies of the Department of the Interior make regulations and issue permits, licenses, and/or decisions related to energy law. These include:- Bureau of Land Management (BLM)
The BLM is a bureau of the Department of the Interior with responsibility for reviewing applications for permits and licenses to explore, develop, and produce oil and gas and geothermal resources on federal lands. BLM is also responsible for the inspection of oil, gas, and geothermal wells and other development operations to ensure that lessees and operators comply with lease requirements. It also handles operational approval and oversight of such operations on Indian lands. BLM regulations appear in title 43 of the Code of Federal Regulations.
Sources of BLM regulations and guidance include:
- Print: Code of Federal Regulations (1938-), KF70 .A3.
- Free Web:
- HeinOnline:
- Lexis:
- Westlaw:
- FEN-CFR (current regulations). Federal regulations from the C.F.R.
- FEN-FR (1981-). Federal Register notices related to energy regulation.
- USDOI (1881-). Materials from the Dept. of Interior.
- Bureau of Reclamation (BOR)
The BOR is responsible for federal dams and hydroelectric plants and is the largest wholesaler of water in the United States. BOR regulations are published in title 43 of the Code of Federal Regulations. Sources of BOR decisions and regulations include:
- Print: Code of Federal Regulations (1938-), KF70 .A3.
- Free Web:
- CFR on FDsys (1996-; no more up-to-date than the print, but provides historical regulations when needed).
- e-CFR (current regulations only).
- Federal Register on FDsys (1994-; proposed and final rule notices; preambles).
- Reclamation Manual. The Reclamation Manual consists of policies, directives, and standard, and "collectively, these releases assign program responsibility and establish and document Bureau of Reclamation-wide methods of doing business."
- HeinOnline:
- Lexis:
- Westlaw:
- FEN-CFR (current regulations). Federal regulations from the C.F.R.
- FEN-FR (1981-). Federal Register notices.
- USDOI (1881-). Materials from the Dept. of Interior.
- Interior Board of Land Appeals (IBLA)
The IBLA decides "appeals from bureau decisions relating to the use and disposition of public lands and their resources, mineral resources on the Outer Continental Shelf, and the conduct of surface coal mining operations under the Surface Mining Control and Reclamation Act." Regulations regarding the IBLA are published in title 43 of the Code of Federal Regulations. Sources of IBLA regulations and decisions include:
- Print: Code of Federal Regulations (1938-), KF70 .A3.
- Free Web:
- HeinOnline:
- Lexis:
- Westlaw:
- FEN-CFR (current regulations). Federal regulations from the C.F.R.
- FEN-FR (1981-). Federal Register notices.
- USDOI (1881-; IBLA coverage 1969-). Materials from the Dept. of Interior, including the Board of Land Appeals, Board of Contract Appeals, and Bureau of Indian Affairs.
- Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE)
The BOEMRE is the Interior Department bureau responsible for "overseeing the safe and environmentally responsible development of energy and mineral resources on the Outer Continental Shelf." The BOEMRE has taken over the responsibilities of Minerals Management Service (MMS). BOEMRE regulations appear in title 30 of the Code of Federal Regulations.
- Print: Code of Federal Regulations (1938-), KF70 .A3.
- Free Web:
- HeinOnline:
- Lexis:
- Westlaw:
- FEN-CFR (current regulations). Federal regulations from the C.F.R.
- FEN-FR (1981-). Federal Register notices.
- USDOI (1881-). Materials from the Dept. of Interior.
- Federal Energy Regulatory Commission (FERC)
FERC is an independent agency that regulates the interstate transmission of natural gas, oil, and electricity. It also regulates natural gas and hydropower projects. FERC's predecessor was the Federal Power Commission. FERC's regulatory authority comes from the Federal Power Act (also known as thePublic Utility Act of 1935), 16 U.S.C. § 791 et seq. Its regulations are found in Title 18 of the C.F.R. Sources of FERC decisions, regulations, and guidance documents include:
- Print:
- Code of Federal Regulations (1938-), KF70 .A3.
- Federal Energy Regulatory Commission Reporter. Contains opinions, orders and decisions reviewed by the Commission. Also provides legislation.
Print: KF2120.A6 F433 (library cancelled updates in 2008).
Electronic: Available through CCH IntelliConnect.
- CCH IntelliConnect:
- Regulations: Energy and Natural Resources > FERC Statutes and Regulations > Regulations.
- Administrative Decisions: Energy and Natural Resources > FERC Opinions, Orders & Decisions (1 FERC to present).
- Free Web:
- HeinOnline:
- Lexis:
- Westlaw:
- FEN-CFR (current regulations). Federal energy regulations from the C.F.R.
- FEN-FERC (1931-). FERC and Federal Power Commission Decisions.
- FEN-FERCGC (1980-). FERC General Counsel Letters.
- FEN-FR (1981-). Federal Register notices related to energy regulation.
- FERC Practice and Procedure Manual (current)
Covers FERC regulations, providing preamble excerpts and digests of orders and decisions.
- Nuclear Regulatory Commission (NRC)
The NRC is an independent agency created by the Energy Reorganization Act of 1974, 42 U.S.C. § 5801 et seq., and receives additional authority from the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq. The NRC's predecessor was the Atomic Energy Commission. NRC regulates commercial nuclear power plants and other uses of nuclear materials, such as in nuclear medicine. NRC regulations appear in Title 10 of the C.F.R. Sources of NRC decisions, regulations, and guidance documents include:
- Print: Code of Federal Regulations (1938-), KF70 .A3.
- Free Web:
- HeinOnline:
- Lexis:
- CFR - Energy Titles (7, 10, 15, 17, 18, 30, 43) (current regulations).
- Federal Register - Energy Notices (January 1, 1970 - ).
- Federal Energy & Utility Administrative Decisions, Combined. Decisions of the Nuclear Regulatory Commission (1975-), FERC, and the Federal Power Commission (FERC's predecessor) Combined.
- Nuclear Regulatory Commission Decisions (1975-). Includes consent orders, proposed consent
agreements, decisions and opinions from the NRC. Also included are decisions issued by the Atomic Safety
and Licensing Board Panel.
- Nuclear Regulation Reporter (1964-). Statutes, regulations, court opinions and Nuclear Regulatory Commission decisions are indexed and reprinted.
Print only: KF2138.A6 C66
- Westlaw:
- FEN-CFR (current regulations). Federal energy regulations from the C.F.R.
- FEN-FR (1981-). Federal Register notices related to energy regulation.
- FEN-NRC (1956-). Includes issuances of the NRC and its predecessor agency, the Atomic Energy Commission.
- FEN-NRCEA (1982-). Summaries and records of enforcement actions taken by the Nuclear Regulatory Commission Office of Enforcement.
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:
- Lexis:
- Westlaw:
- PUR (all states combined).
- Individual States (listing of individual state public utility commission decision 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 databases 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
- Deregulation, Innovation and Market Liberalization: Electricity Regulation in a Continually Evolving Environment (2009).
HD9685.U5 K46. Discusses the history and theory of electric utility regulation in the United States, then makes economic arguments for rethinking such regulation.
- Energy Law and Transactions (1990-). LexisNexis: Energy Law and Transactions.
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.
- International Encyclopedia of Laws: Energy Law (2001-). R. Blanpain (ed.).
Print:
K3478.I56 2001 (library cancelled updates in 2008)
Electronic: IEL Energy Law
- The Law of Oil and Gas : with Forms (Summer's Oil and Gas) (3d ed. 2004-). W.L. Summers.
Print:
KF1849 .S83.
Westlaw: SUMMERSOIL
This multi-volume set is a comprehensive treatise covering all topics related to the law of oil and gas, including owner's rights, drilling, construction of oil and gas leases, remedies of the lessor for nondevelopment, etc. All state and federal laws and regulations are examined in detail. An extensive table of cases and forms on leasing, production and transportation are included. Updated with pocket parts.
- Law of Oil and Gas Leases (2d ed. 1967-). Earl Brown.
Print: KF1865 .B72 (library does not update)
LexisNexis: Brown, The Law of Oil and Gas Leases
A primer for beginners and a reference manual and research source for more experienced practitioners.
- Natural Gas Contracts (updated quarterly). Westlaw: GASCONTRACTS
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. LexisNexis: Williams and Meyers Oil and Gas Law
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.
Print:
KF1849 .K8
LexisNexis: Kuntz, Law of Oil and Gas
Increasingly cited by courts in oil and gas producing states, this treatise provides an exhaustive survey of oil and gas conveyancing and operations.
- Law of Federal Oil and Gas Leases. Rocky Mountain Mineral Law Foundation.
Print: KF1865.A6 R6
(library last updated in 2008)
LexisNexis: Law of Federal Oil and Gas Leases
Journals & Current Awareness
The following are just some of the periodicals relating to energy in general or energy law. For more information on finding journal articles related to energy law (or journal articles generally), see our Law Reviews Tutorial or Articles for Legal and Non-Legal Research Guide.
- Energy and Environmental Management
Westlaw: ENERGYEM (2002 - )
- The Energy Journal
Available electronically through several databases (1990 - )
- Energy Law Journal
Print:
K5 .N37 (1980-2010, library subscription cancelled)
Available electronically through several databases (1980 - )
- Energy Policy
Electronic: ScienceDirect (1995 - )
- Environmental and Energy Law and Policy Journal
Print:
K5 .N8335 (2005-2009, library subscription cancelled)
Available electronically through various databases (2006 - )
- George Washington Journal of Energy and Environmental Law
Electronic: HeinOnline (2010 - )
- Texas Journal of Oil, Gas, and Energy Law
Print: K24 .E906 (2006-2010, library subscription cancelled)
Available electronically through several databases (2006 - )
Below are useful resources for following current developments in energy law:
- Current Energy Legal Literature (Tarlton Law Library)
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 (2008 - )
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.
- Land Letter (2008 - )
A sister publication of E&E Daily, Land Letter provides
in-depth coverage of the latest developments in natural resources regulation, litigation, and legislation.
- Institute for Energy Law of the Center for American and International Law (2002-). Updated annually. LexisNexis: The Institute for Energy Law of the Center for American and International Law.
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.
- For a list of blogs on energy law, see the ABA Journal Blawg Directory.
Study Aids
- 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.
- Oil and Gas Law in a Nutshell (5th ed. 2009). John S. Lowe. KF1850.L68
The focus of this study aid is on the law governing the development of privately owned mineral rights. Major sections include the nature and protection of oil and gas rights, conveying oil and gas rights, oil and gas leasing, and tax and business matters.
- Modern Public Land Law in a Nutshell (3rd ed. 2006). Glickman & Coggins. KF5605 .G58
This book provides an introduction to the history of public land law and has individual chapters on different resources, such as minerals, water, and timber.
- Hemingway Oil and Gas Law and Taxation (4th ed. 2004). Anderson et al. KF1849 .H44
This hornbook covers interests and transactions in mineral estates, oil and gas leases,
and the taxation of oil and gas.
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
The World Bank's Energy site contains useful publications and statistical data on energy.
Government Resources
- Federal Energy Regulatory Commission (FERC)
FERC is an independent federal agency that regulates the interstate transmission of natural gas, oil, and electricity. It also regulates natural gas and hydropower projects.
- House Energy and Commerce Committee
This committee of the U.S. House of Representatives has jurisdiction to consider and report on legislation related to, among other topics, natural energy policy; exploration, production, storage, supply, marketing, pricing, and regulation of energy resources; interstate energy compacts; and conservation of energy resources.
- Interstate Oil and Gas Compact Commission
The Interstate Oil and Gas Compact Commission is a multi-state government agency that works to ensure our nation's oil and natural gas resources are conserved and maximized while protecting health, safety and the environment. It assists states in balancing a multitude of interests through sound energy regulatory practices.
- Senate Committee on Energy and Natural Resources
This committee of the United States Senate has jurisdiction to consider and report on legislation related to, among other topics, national energy policy, nuclear waste policy, privatization of federal assets, and international energy affairs and emergency preparedness.
- U.S. Department of Energy
The Department of Energy (DOE) is a cabinet-level department of the United States government. It was created by and receives its regulatory authority from the Department of Energy Organization Act of 1977, 42 U.S.C. § 7101 et seq. The DOE is made up of several smaller divisions and agencies.
- U.S. Department of the Interior
The Department of the Interior is a cabinet-level department of the United States government. Several bureaus and agencies of the Department of the Interior make regulations and issue permits, licenses, and/or decisions related to energy law.
- U.S. Nuclear Regulatory Commission
The NRC is an independent federal agency created by the Energy Reorganization Act of 1974, 42 U.S.C. § 5801 et seq. It receives additional authority from the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.
Further Research Tools
Subject Headings & Call Number Ranges
Energy law materials in the Georgetown Law Library can generally be found under the following subject headings and call number ranges:
- Subject Headings:
- Call Numbers:
- KF1806-1870
- KF2077-KF2140
Other Related Research Guides
Revised 7/22/2009 (SKB)
Updated 5/2011 (MMS)