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Kay Bailey Hutchison Center for Energy, Law & Business Research Paper Series

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1.

Regulating Unregulated Groundwater in Texas: How the State Could Conquer this Final Frontier

Texas Water Journal, Vol 7, No 1 (2016), KBH Energy Center Research Paper No. 2016-11
Number of pages: 15 Posted: 07 Dec 2016
Accepted Paper Series
University of Texas at Austin - Kay Bailey Hutchison Center for Energy, Law & Business
Downloads 24
2.

Protecting Species or Hindering Energy Development? How the Endangered Species Act Impacts Energy Projects on Western Public Lands

Environmental Law Reporter, Vol. 46, No. 11, 2016, Copyright© 2016, Environmental Law Institute®, Washington, DC. Reprinted with permission from ELI®, KBH Energy Center Research Paper No. 2016-9,
Number of pages: 10 Posted: 10 Nov 2016
Accepted Paper Series
University of Texas at Austin - School of Law, Columbia University - Sabin Center for Climate Change Law and University of Texas at Austin - Kay Bailey Hutchison Center for Energy, Law & Business
Downloads 31
3.

Protecting Species or Endangering Development? How Consultation Under the Endangered Species Act Affects Energy Projects on Public Lands

KBH Energy Center Research Paper No. 2016-8
Number of pages: 125 Posted: 03 Oct 2016 Last Revised: 04 Oct 2016
Working Paper Series
University of Texas at Austin - School of Law, Columbia University - Sabin Center for Climate Change Law and University of Texas at Austin - Kay Bailey Hutchison Center for Energy, Law & Business
Downloads 26
4.

South of the Border, Down the Mexico Way: The Past, Present, and Future of Petroleum Development in Mexico-Part I

Natural Resources Journal, Vol. 56, No. 2, 2016, KBH Energy Center Research Paper No. 2016-7
Number of pages: 35 Posted: 04 Jul 2016
Accepted Paper Series
University of Texas at Austin – School of Law and Park Energy Law and Petroleum Regimes Advisory Ltd.
Downloads 39
5.

Paradoxes of Decarbonization

KBH Energy Center Research Paper No. 2016-11, U of Texas Law, Law and Econ Research Paper No. 565
Number of pages: 25 Posted: 30 Jun 2016 Last Revised: 08 Dec 2016
Working Paper Series
University of Texas at Austin - School of Law
Downloads 77
6.

South of the Border, Down Mexico Way: The Past, Present, and Future of Petroleum Development in Mexico-Part II

61 Rocky Mtn. Min. L. Inst. 20-1 (2015), KBH Energy Center Research Paper No. 2016-6
Number of pages: 37 Posted: 20 Jun 2016 Last Revised: 21 Jun 2016
Accepted Paper Series
University of Texas at Austin – School of Law and Park Energy Law and Petroleum Regimes Advisory Ltd.
Downloads 48
7.

Gateway-Schmateway: An Exchange between George Bermann and Alan Rau

Pepperdine Law Review, Vol. 43, No. 5, Article 2, p. 469, 2016, KBH Energy Center Research Paper No. 2016-5, U of Texas Law, Public Law Research Paper No. 648
Number of pages: 27 Posted: 19 May 2016
Accepted Paper Series
University of Texas at Austin - School of Law and Columbia University - Law School
Downloads 69
8.

BG Group and 'Conditions' to Arbitral Jurisdiction

Pepperdine Law Review, Forthcoming, KBH Energy Center Research Paper No. 2016-4, U of Texas Law, Public Law Research Paper No. 647
Number of pages: 62 Posted: 29 Feb 2016 Last Revised: 20 Jun 2016
Accepted Paper Series
University of Texas at Austin - School of Law and McGill University - Faculty of Law
Downloads 98
9.

Naive Energy Markets

U of Texas Law, Law and Econ Research Paper No. E563, KBH Energy Center Research Paper No. 2016-10
Number of pages: 44 Posted: 24 Feb 2016 Last Revised: 06 Dec 2016
Working Paper Series
University of Texas at Austin - School of Law
Downloads 106
10.

Marketable Product: What Did Kuntz Say? What Did Merrill Say?

Oil and Gas, Natural Resources, and Energy Journal, Vol. 1, Iss. 1, Article 3, 2015, KBH Energy Center Research Paper No. 2016-2
Number of pages: 21 Posted: 07 Jan 2016 Last Revised: 12 Jan 2016
Accepted Paper Series
University of Texas at Austin – School of Law
Downloads 21
11.

A Place for Agency Expertise: Reconciling Agency Expertise with Presidential Power

Columbia Law Review, Vol. 115, 2015, U of Texas Law, Public Law Research Paper No. 633, KBH Energy Center Research Paper No. 2016-1
Number of pages: 55 Posted: 10 Oct 2015
Accepted Paper Series
University of Texas at Austin – School of Law
Downloads 75
12.

Safety First, Environment Last: Improving Regulation of Gas Pipeline Leaks

KBH Energy Center Research Paper No. 2015-14
Number of pages: 76 Posted: 09 Oct 2015
Working Paper Series
Columbia University - Sabin Center for Climate Change Law
Downloads 43
13.

Ideology vs. Interest Group Politics in U.S. Energy Policy

North Carolina Law Review, Vol. 95, p. 339, 2017, KBH Energy Center Research Paper No. 2017-1, U of Texas Law, Law and Econ Research Paper No. E560, U of Texas Law, Public Law Research Paper No. UTPUB635
Number of pages: 75 Posted: 13 Aug 2015 Last Revised: 29 Mar 2017
Accepted Paper Series
University of Texas School of Law and University of Texas at Austin - School of Law
Downloads 272
14.

Punitive, Exemplary, 'Vindictive,' 'or Edifying Damages of Whatever Nature'

Liber Amicorum William Laurence Craig, 2016, Forthcoming, KBH Energy Center Research Paper No. 2015-11
Number of pages: 55 Posted: 23 Jul 2015
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 124
15.

Science and Policy in Setting National Ambient Air Quality Standards: Resolving the Ozone Enigma

Texas Law Review, Vol. 93, 2015, KBH Energy Center Research Paper No. 2015-10
Number of pages: 28 Posted: 08 Jul 2015
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 46
16.

Racing to the Top: How Regulation Can Be Used to Create Incentives for Industry to Improve Environmental Quality

Journal of Land Use & Environmental Law, Vol. 29, No. 1, 2014, KBH Energy Center Research Paper No. 2015-07
Number of pages: 28 Posted: 08 Jul 2015
Accepted Paper Series
University of Texas at Austin – School of Law
Downloads 51
17.

Rethinking Judicial Review of Expert Agencies

Texas Law Review, Vol. 93, 2015, KBH Energy Center Research Paper No. 2015-09
Number of pages: 42 Posted: 08 Jul 2015
Accepted Paper Series
University of Oxford - Faculty of Law, US Environmental Protection Agency (EPA) and University of Texas at Austin – School of Law
Downloads 97
18.

The Political Economy of Local Vetoes

Texas Law Review, Vol. 93, 2014, KBH Energy Center Research Paper No. 2015-08
Number of pages: 64 Posted: 08 Jul 2015
Accepted Paper Series
University of Texas at Austin - School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 53
19.

But What About Texas? Climate Disruption Regulation in Recalcitrant States

Harvard Environmental Law Review, Vol. 39, No. 1, 2015, KBH Energy Center Research Paper No. 2015-06
Number of pages: 15 Posted: 03 Jul 2015
Working Paper Series
University of Texas at Austin - School of Law
Downloads 54
20.

EPA's Clean Power Plan: Implementation Options

KBH Energy Center Research Paper No. 2015-05
Number of pages: 43 Posted: 24 Jun 2015
Working Paper Series
University of Texas at Austin - School of Law and Columbia University - Sabin Center for Climate Change Law
Downloads 59
21.

Habitat Conservation Plans and Climate Change: Recommendations for Policy

45 Environmental Law Reporter 10863, KBH Energy Center Research Paper No. 2015-13
Number of pages: 13 Posted: 28 Apr 2015 Last Revised: 09 Oct 2015
Accepted Paper Series
University of Texas at Austin - School of Law and University of California, Berkeley - School of Law
Downloads 84
22.

Lost But Not Forgotten: The Hidden Environmental Costs of Compensating Pipelines for Natural Gas Losses

KBH Energy Center Research Paper No. 2015-04
Number of pages: 64 Posted: 23 Apr 2015
Working Paper Series
Columbia University - Sabin Center for Climate Change Law
Downloads 51
23.

The Regulatory Contract in the Marketplace

Vanderbilt Law Review, Forthcoming, GWU Legal Studies Research Paper 2015-11, GWU Law School Public Law Research Paper 2015-11, U of Texas Law, Public Law Research Paper No. UTPUB626, U of Texas Law, Law and Econ Research Paper, KBH Energy Center Research Paper No. 2016-3
Number of pages: 77 Posted: 10 Apr 2015 Last Revised: 01 Mar 2016
Accepted Paper Series
George Washington University - Law School and University of Texas at Austin - School of Law
Downloads 178
24.

Misplaced Fears in the Battle Over Affordable Biotech Drugs

50 IDEA 565 (2010)
Number of pages: 27 Posted: 21 Mar 2015
Accepted Paper Series
University of Texas School of Law and University of Missouri - Kansas City School of Law
Downloads 45
25.

The Endangered Springflow Act: How the Endangered Species Act Influences Groundwater Law and Protects Springflow in Texas

KBH Energy Center Research Paper No. 2015-01
Number of pages: 24 Posted: 20 Dec 2014
Working Paper Series
University of Texas at Austin - Kay Bailey Hutchison Center for Energy, Law & Business
Downloads 40
26.

Financing Conservation: Texas’ Water Infrastructure Bank and the 20 Percent Set-Aside

KBH Energy Center Research Paper No. 2015-02
Number of pages: 43 Posted: 17 Dec 2014 Last Revised: 22 Dec 2014
Working Paper Series
The University of Texas - School of Law
Downloads 24
27.

The Conflict between Endangered Species and the State Water Plan: Will New Listings under the Endangered Species Act Thwart the State Water Planning Process?

KBH Energy Center Research Paper No. 2015-03
Number of pages: 34 Posted: 17 Dec 2014 Last Revised: 22 Dec 2014
Working Paper Series
University of Texas at Austin - Kay Bailey Hutchison Center for Energy, Law & Business and University of Texas at Austin - School of Law
Downloads 34
28.

Imagining Corporate Sustainability as a Public Good Rather than a Corporate Bad

Wake Forest Law Review, Vol. 46, No. 2, 2011, Energy Center Research Paper No. 2014-06
Number of pages: 30 Posted: 07 Nov 2014
Accepted Paper Series
University of Texas at Austin – School of Law
Downloads 34
29.

Environmental Federalism When Numbers Matter More than Size

UCLA Journal of Environmental Law & Policy, Vol. 32, No. 2, 2014, Energy Center Research Paper No. 2014-11
Number of pages: 92 Posted: 17 Oct 2014
Accepted Paper Series
University of Texas School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 40
30.

Unfounded Fears About Pollution Trading and Hotspots

Environmental Law Reporter, Vol. 44, 2014, Energy Center Research Paper No. 2014-05
Number of pages: 12 Posted: 17 Oct 2014
Accepted Paper Series
University of Texas School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 19
31.

Ride Like the Wind: Selected Issues in Multi-Party Wind Lease Negotiations

Texas A&M Journal of Real Property Law, Vol. 1, No. 3, 2014, Energy Center Research Paper No. 2014-10
Number of pages: 19 Posted: 15 Oct 2014
Accepted Paper Series
Wetsel, Carmichael & Allen, L.L.P and DeWolf Law
Downloads 30
32.

The Participation-Centered Model Meets Administrative Process

Wisconsin Law Review, Vol. 2013, No. 2, 2013, Energy Center Research Paper No. 2014-08
Number of pages: 23 Posted: 15 Oct 2014
Accepted Paper Series
University of Texas at Austin – School of Law
Downloads 47
33.

Making Method Visible: Improving the Quality of Science-Based Regulation

Michigan Journal of Environmental & Administrative Law, Vol. 2, No. 2, 2013, Energy Center Research Paper No. 2014-07
Number of pages: 45 Posted: 15 Oct 2014
Accepted Paper Series
US Environmental Protection Agency (EPA), University of Texas at Austin – School of Law and University of Oxford - Faculty of Law
Downloads 30
34.

A Response by Thomas O. McGarity

Texas Law Review, Vol. 92, No. 6, 2014, Energy Center Research Paper No. 2014-09
Number of pages: 16 Posted: 15 Oct 2014
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 32
35.

Unfounded Fears About Pollution Trading and Hotspots

Environmental Law Reporter, Vol. 44, No. 10300, 2014, Energy Center Research Paper No. 2014-05
Number of pages: 12 Posted: 15 Oct 2014
Accepted Paper Series
University of Texas School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 17
36.

Crossing the Threshold: Arbitral Jurisdiction after BG Group

Melanges en l'honneur de Pierre Mayer (2015 Forthcoming), Energy Center Research Paper No. 2014-04
Number of pages: 29 Posted: 19 Sep 2014
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 146
37.

Are We Killing the Rain? Meditations on the Water Cycle and, More Particularly, on Bioprecipitation

Water International, iFirst, 2012, pp. 1–13, Energy Center Research Paper No. 2014-02,
Number of pages: 38 Posted: 23 Jun 2014
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 49
38.

'Gap Filling' by Arbitrators

International Council for Commercial Arbitration, Congress Series, 2014, Forthcoming, Energy Center Research Paper No. 2014-03, U of Texas Law, Law and Econ Research Paper No. e556
Number of pages: 72 Posted: 11 May 2014 Last Revised: 27 Jun 2014
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 235
39.

Arbitrators Without Powers? Disqualifying Counsel in Arbitral Proceedings

Arbitration International, 2014, Forthcoming, U of Texas Law, Public Law Research Paper No. 555, Energy Center Research Paper No. 2014-01
Number of pages: 65 Posted: 02 Mar 2014 Last Revised: 23 Jun 2014
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 346
40.

Paying for Water: The 83rd Legislative Session and the $2 Billion Water Infrastructure Bank

Energy Center Research Paper No. 2013-05
Number of pages: 43 Posted: 23 Oct 2013
Working Paper Series
The University of Texas - School of Law
Downloads 23
41.

Implementing SB 3: Adopting Environmental Flows in Texas

Energy Center Research Paper No. 2013-04
Number of pages: 39 Posted: 09 Oct 2013
Working Paper Series
University of Texas at Austin - Kay Bailey Hutchison Center for Energy, Law & Business
Downloads 56
42.

EPA at Helm's Deep: Surviving the Fourth Attack on Environmental Law

Fordham Environmental Law Journal, Vol. 24, p. 205, 2012-2013, Energy Center Research Paper No. 2013-03
Number of pages: 27 Posted: 09 Oct 2013
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 56
43.

Environmental Federalism When Numbers Matter More than Size

32 UCLA Journal of Environmental Law & Policy 238 (2014) , Energy Center Research Paper No. 2014-04
Number of pages: 92 Posted: 27 Aug 2013 Last Revised: 26 Jun 2014
Accepted Paper Series
University of Texas School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 155
44.

PACE in Texas: The Future of Contractual Assessment Financing for Conservation Improvements

Energy Center Research Paper No. 2013-02
Number of pages: 29 Posted: 23 Aug 2013
Working Paper Series
The University of Texas - School of Law
Downloads 29
45.

Arbitrating 'Arbitrability'

World Arbitration and Mediation Review, 2013, U of Texas Law, Public Law Research Paper No. 403, Energy Center Research Paper No. 2013-06
Number of pages: 62 Posted: 31 Mar 2013 Last Revised: 10 Dec 2013
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 385
46.

Regulatory Science in Rulemaking and Tort: Unifying the Weight of the Evidence Approach

3 Wake Forest J. L.& Pub. Pol. 101 (2013), U of Texas Law, Law and Econ Research Paper No. 404, Energy Center Research Paper No. 2013-07
Number of pages: 41 Posted: 28 Feb 2013 Last Revised: 27 May 2014
Accepted Paper Series
University of Texas at Austin - School of Law and Wake Forest University School of Law
Downloads 100
47.

The Yale Law Journal Online: Liquid Assets: Groundwater in Texas

122 YALE Law Journal ONLINE 143 (2012), Energy Center Research Paper No. 2013-01
Posted: 12 Dec 2012
Accepted Paper Series
Cornell University - Law School
48.

The Enlightenment of Administrative Law: Looking inside the Agency for Legitimacy

Wake Forest Law Review, Vol. 47, No. 3, 2012, Wake Forest Univ. Legal Studies Paper No. 2173015
Number of pages: 40 Posted: 08 Nov 2012
Accepted Paper Series
Wake Forest University School of Law, University of Oxford - Faculty of Law and University of Texas at Austin – School of Law
Downloads 353
49.

The Errors of Comity: Forum Non Conveniens Returns to the Second Circuit

American Review of International Arbitration, August 2012 (Forthcoming), Energy Center Research Paper No. 12-04, U of Texas Law, Law and Econ Research Paper No. 229, U of Texas Law, Public Law Research Paper No. 217
Number of pages: 42 Posted: 24 Apr 2012
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 170
50.

The Collective Origins of Toxic Air Pollution: Implications for Greenhouse Gas Trading and Toxic Hotspots

Indiana Law Journal, Vol. 88, No. 273, 2013
Number of pages: 67 Posted: 05 Mar 2012 Last Revised: 04 Oct 2013
Accepted Paper Series
University of Texas School of Law
Downloads 81