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 Decade: 2000-2009
 Year: 2008
 Month: May
 Collection: Congressional Research Service Reports
Rising Energy Competition and Energy Security in Northeast Asia: Issues for U.S. Policy

Rising Energy Competition and Energy Security in Northeast Asia: Issues for U.S. Policy

Date: May 13, 2008
Creator: Chanlett-Avery, Emma
Description: This report analyzes how China, Japan, and South Korea's pursuits to bolster their energy security impacts U.S. interests. It also examines decisions being made by Asian states now that will significantly shape global affairs in the future, how these decisions might play out, and how Congress and the executive branch might play a role in those decisions.
Contributing Partner: UNT Libraries Government Documents Department
Wind Energy: Offshore Permitting

Wind Energy: Offshore Permitting

Date: May 1, 2008
Creator: Vann, Adam
Description: This report discusses the disputes over Corps jurisdiction prior to enactment of the Energy Policy Act of 2005 as well as the current law applicable to siting offshore wind facilities.
Contributing Partner: UNT Libraries Government Documents Department
Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Date: May 20, 2008
Creator: Meltz, Robert
Description: Congress has on several occasions delegated its power of eminent domain to entities outside the federal government -- public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegates, is today beyond dispute. However, among delegates with both federal and private characteristics, there is some subjectivity to deciding which to list in a report limited to "nonfederal entities." For delegatees of federal eminent domain power listed here, delegations since 1920 have primarily been to Amtrak, hydroelectric facilities (for dams and reservoirs), and entities engaged in the movement of electricity, gas, and petroleum (the last one expired), and for interstate bridges.
Contributing Partner: UNT Libraries Government Documents Department
Coal Excise Tax Refunds: United States v. Clintwood Elkhorn Mining Co.

Coal Excise Tax Refunds: United States v. Clintwood Elkhorn Mining Co.

Date: May 16, 2008
Creator: Lunder, Erika
Description: In 1998, a U.S. district court held that the imposition of the coal excise tax, or black lung excise tax, on coal destined for export was unconstitutional. The process of refunding the tax has been controversial. This is because some coal producers and exporters have attempted to bypass the limitations in the Internal Revenue Code's refund scheme for bringing suit under the Export Clause in the Court of Federal Claims, seeking damages from the United States in the amount of coal excise taxes paid. The Federal Circuit Court of Appeals held the court had jurisdiction under the Tucker Act to hear the suits and allowed them as an alternative to the Code's refund process. However, in a 2008 decision, United States v. Clintwood Elkhorn Mining Co., the Supreme Court unanimously held that taxpayers must comply with the Code's administrative refund process before bringing suit. Meanwhile, H.R. 1762 and S. 373 would provide an alternative method for taxpayers to receive coal excise tax refunds.
Contributing Partner: UNT Libraries Government Documents Department
"Price Gouging," the Antitrust Laws, and Vertical Integration in the Petroleum Industry: How They Are Related

"Price Gouging," the Antitrust Laws, and Vertical Integration in the Petroleum Industry: How They Are Related

Date: May 28, 2008
Creator: unknown
Description: This report, which may be updated to further reflect congressional action, attempts to provide the antitrust context for prohibited practices, such as "price gouging"; notes prior congressional action concerning vertical divestiture in the petroleum industry; and provides information on the state "divorcement" statutes.
Contributing Partner: UNT Libraries Government Documents Department
Regulation of Energy Derivatives

Regulation of Energy Derivatives

Date: May 12, 2008
Creator: Jickling, Mark
Description: After the collapse of Enron Corp. in late 2001, that company's activities came under intense scrutiny. Much of its business consisted of trading financial contracts whose value was derived from changes in energy prices. Enron's derivatives trading was largely "over-the-counter" (OTC) and unregulated: little information about transactions was available. This incident has sparked interest in reform of energy derivatives regulation. This report summarizes energy derivatives regulation and proposed legislation.
Contributing Partner: UNT Libraries Government Documents Department