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Energy

Governing the Grid: Decarbonization, Energy Security, and Climate Adaptation for the 21st Century

Visible impacts of climate change, like the unprecedented winter storm in Texas, underscore the need to integrate climate adaptation as a principal factor in energy security. With appropriate weatherization and increased battery storage...

Zombie Energy Laws

This Article traces the development of three legal rules—cost recovery for vertically integrated utilities, the requirement that regulators assess the financial viability of energy projects before issuing a certificate of public...

Climate Stumbling Blocks: Zombie Energy Laws, States, and the Path to Paris

With the dawn of the Joseph Biden Administration, there is renewed optimism that the United States will take steps to fulfill its responsibilities under the Paris Agreement and curb greenhouse gas (GHG) emissions. Electrification is a...

You Can't Take Them Like That, It's Against Regulation

This Comment is written from the perspective of a practicing attorney who represents clients on the issues addressed in Prof. Joshua C. Macey’s Zombie Energy Laws, and focuses on the filed rate doctrine, which is one of...

Governing the Gasoline Spigot: Gas Stations and the Transition Away From Gasoline

Gas stations are America’s largest carbon spigot, a leading source of neighborhood-based pollution, and a sacred cow. This Article takes a comprehensive look at gas stations through the lens of the climate crisis and the rise of...

Markets, Externalities, and the Federal Power Act: The Federal Energy Regulatory Commission's Authority to Price Carbon Dioxide Emissions

Electricity generation in the United States is one of the leading sources of greenhouse gas emissions, which cause severe climate change-related harms. Despite the severity of those harms, the Federal Energy Regulatory Commission (FERC...

Too Much Risk, Too Little Reward

The Federal Energy Regulatory Commission (FERC) is a little-known and too-often ignored federal authority with the power to block or rapidly accelerate the transition to a clean energy future, and is thus indispensable to addressing...

Energy Exactions

New residential and commercial developments often create costs in the form of congestion and burdens on municipal infrastructure. Citizens typically pay for infrastructure expansion associated with growth through their property taxes,...

Energy Exactions: Supplementing the Local and State Energy Policy Toolkit

The authors of Energy Exactions make a compelling case for the use of energy exactions as a local policy tool that could complement important state policies. However, it must be designed carefully and tailored to different...

Renewable Energy: Corporate Obstacles and Opportunities

In the absence of a national mandate to intensify use of renewable energy, many corporations are increasing their own reliance on renewables. Numerous utilities are likewise transitioning toward wind, thermal, and solar power. But...

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