Executive Summary

2011 was a year full of Energy. One could not open a (virtual) newspaper without seeing an article or commentary on energy-related issues, such as the U.S. Supreme Court's decision in American Electric Power Co. v. Connecticut regarding greenhouse gas ("GHG") regulation, the future of renewable energy, and natural gas extraction via hydraulic fracturing, to list a few. GHG emissions, renewable energy development, and hydraulic fracturing have historically been left to the states to police; however, the Environmental Protection Agency ("EPA") is set to commence regulation of GHG emissions as early as May 2012 and is currently studying hydraulic fracturing and its potential impact on drinking water. Regardless of the EPA's activities, it will be interesting to see how states address these issues over the next year.