Students

Credits: 3
Semester: Fall

Energy is the lifeblood of the modern economy. Its production, conversion, and consumption affect nearly every aspect of our lives. Recognizing the increasing importance of energy and its role in global climate change, this course introduces students to the legal, regulatory, and environmental concepts relevant to the changing electricity and natural gas industries in the U.S. The course examines the historical and legal origins of energy regulation and ratemaking and provides an introduction to the natural gas and electrical industries, including basic terms and concepts, regulatory trends and emerging issues. The course will explore the rise of competition in both industries and will cover California’s energy crisis of 2000-2001 and its aftermath, and trends in renewable and distributed electricity generation. Students also will examine the rapidly evolving regulation of greenhouse gas emissions in California and the United States.

The Energy Policy Initiatives Center sponsors the Energy Law and Policy Clinic, a unique opportunity for USD Law students to work in partnership with a related state agency to conduct legal research on a topical issue. The Energy Law and Policy Clinic, which is offered every Spring semester for 3 credits, seeks to match a small group of students (3-6) that have taken Energy Law and Policy or Climate Law with a state agency to conduct legal research on a real-time issue. Students interact periodically with agency staff and develop a legal memo or similar report to present to the agency at the end of the semester. In addition to learning about a specific energy or climate related issue, students who take the Energy Law and Policy Clinic also learn a range of practical skills. At the end of the clinic, students travel to Sacramento to present their findings to a group of agency staff.

Examples of recent Clinics are listed below:

• 2024: The Clinic worked on a confidential project for the Department of Water Resources related to central procurement of long-lead time electricity supply resources under AB 1373 authority. The Clinic worked on a confidential project for San Diego Community Power related to the impact of electric utility municipalization on community choice aggregators.
• 2023: The Clinic worked on a confidential project for the California Air Resources Board related to carbon capture and sequestration policy and regulation.
• 2022: The Clinic worked on a confidential project for the California Air Resources Board related to carbon capture and sequestration policy and regulation.
• 2021: Students worked for both the Governor’s Office of Planning and Research on CEQA SB 743 issues and the Chief Counsel’s Office of the California Energy Commission on a confidential project.
• 2020: Students worked with the Chief Counsel’s Office of the California Energy Commission on privacy and data collection issues.
• 2019: Students worked with the City of San Diego City Attorney's Office on topics related to community choice aggregation.
• 2018: Students worked with the Chief Counsel’s Office of the California Energy Commission on a confidential project.
• 2017: Students worked with the Chief Counsel’s Office of the California Energy Commission on issues related to implementing SB 350.
• 2016: Students worked with the California Air Resources Board on a confidential project.
• 2015: Students researched topics related to the U.S. Environmental Protection Agency’s Clean Power Plan proposed rule. This work is for the California Energy Commission, in partnership with the California Air Resources Board and the California Public Utilities Commission.
• 2014 : Students conducted research related to cost effectiveness for the California Energy Commission.
• 2013: Students conducted research related to energy data for the California Energy Commission.
• 2012: Students conducted research related to appliance standards for the California Energy Commission.
• 2011: Students conducted research for the California Energy Commission relating to authority and permitting requirements for siting thermal power plants in California.
• 2010: USD Law student worked in partnership with the California Public Utilities Commission's (CPUC) Legal Division to determine whether existing statutes and regulations could afford renewable energy any advantage to access transmission lines.
• 2009: USD Law students worked in collaboration with the California Air Resources Board's Chief Counsel to conduct legal research into a specific legal question related to auctioning allowances in a cap-and-trade scheme.
• 2008: USD Law students conducted research for an administrative law judge at the California Public Utilities Commission related to the reinstatement of direct access in California, which allows customers to purchase electricity from a company other than their incumbent utility.

Application Process

Interested students should submit a brief statement of interest, resume, and writing sample to Joe Kaatz, Staff Attorney at kaatzj-11@sandiego.edu. Students also should sign up for a full course load and if accepted into the clinic can drop 3 credits. For additional information about the clinic, please contact Joe Kaatz at at (619) 260-4600 ext. 2870 or the above email.

There are other relevant classes offered that can be used to satisfy the Environmental and Energy Concentration.

International Energy Law

Offered in the Spring, this contemporary topic introduces students to international law as it is applied to the interaction of states with respect to energy investment, international trade and climate change. The course examines the role of major energy players apart from nation states, such as international organizations (for example OPEC, the IEA), specific agencies of the United Nations (UNDP, UNEP), multinational companies (BP), national oil companies (Pemex, Statoil) and the extent of their international legal personality.

The course assesses agreements/contracts/treaties between nation states and multinational companies in the exploration, supply of, and investment in energy resources. The rights and obligations of parties within Bilateral Investment Treaties (BITs) go beyond typical contractual agreements. International energy investment disputes are most often resolved by arbitration as the preferred mode, with ICSID the forum of choice. Recent BIT and ICSID case law will be used to illustrate application of principles of international law in energy use.

Obligations taken on by states under the international climate change regime have resulted in the advent of low carbon energy policies in most countries. This has led to international energy disputes in the guise of international trade (World Trade Organization) disputes.

Where possible, 1-2 relevant practicing attorneys are invited to speak in the class, and students are encouraged to attend 1-2 relevant international energy events usually available in the region during the semester.

Climate Change Law and Policy

Offered in the Fall, this course explores significant law and policy issues related to climate change. Starting with the science and economics of climate change, we will examine legal approaches to the governance of climate change as a complex global, multigenerational system. While federal attempts to directly regulate greenhouse gases (GHGs) have not materialized, existing environmental laws such as the Clean Air Act, and federal energy policy to regulate the electricity, natural gas, and the transportation sectors have led to overall GHG reductions. We will focus next on state regulation of climate change, specifically California’s climate change policy, law and implementation, and challenges related to federal policy and changes. The role of judicial review and litigation in forcing implementation or stronger regulatory action will be examined. The impacts of climate change law on energy affordability continues to be a hot topic which students will assess, including attendance of the annual EPIC Symposium 2025. As important as mitigating GHGs is how the law approaches the adaptation needs of climate change, such as land management practices and wildfire insurance, which students will examine as currently unfolding in California.

See the USD School of Law Course Information site for more information on class schedules and registration.