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A Market Approach to Regulating the Energy Revolution: Assurance Bonds, Insurance, and the Certain and Uncertain Risks of Hydraulic Fracturing

In the industrial revolution of the nineteenth century, the United States was transformed from a largely agrarian nation of farmers to a major center of manufacturing. With industrialization came new risks to public welfare and,...

Options for Regulating the Environmental Impacts of Hydraulic Fracturing

The ELI-Vanderbilt Law School Environmental Law and Policy Annual Review identifies outstanding academic work in the field of environmental law. The reviewers selected two excellent articles on the challenges of hydraulic fracturing (...

Bond What You Know and Insure What You Don’t: A Comment on A Market Approach to Regulating the Energy Revolution

It is a privilege to comment on the extensive and thoughtprovoking work of Professors Dana and Wiseman. I approach this from the perspective of my practice in the environmental regulation of natural resources industries, including coal...

Reflections on A Market Approach to Regulating the Energy Revolution

As a practitioner who has represented low-income individuals and community groups pro bono on environmental and energy development issues for over three decades, I appreciate the contribution of Professors Dana and Wiseman to the...

Public Utility and the Low-Carbon Future

Substantial reductions in global power sector emissions will be needed by midcentury to avoid significant disruption of the climate system. Achieving these reductions will require greatly increased levels of financing, technological...

The Renewable Fuel Program at an Inflection Point: Policy Implications of EPA's Proposed 2014-2016 Renewable Fuel Standard

In May 2015, EPA released its delayed revisions to the Renewable Fuel Standard (RFS) for 2014 and beyond. This standard establishes volumetric requirements for total renewable fuels and several subcategories of advanced biofuels. With...

Energy in the Ecopolis

Climate change, resource scarcity, and environmental degradation demand a paradigm shift in urban development. Currently, too many of our cities exacerbate these problems: they pollute, consume, and process resources in ways that...

Legal After-Shocks on the Energy Seismograph: Judicial Prohibition of Recent State Regulation and Promotion of Power

Notwithstanding the technical merits of distributed generation, state incentives for and regulation of the power sector have come under significant legal attack during the past five years. In 23 constitutional challenges to state...

Prospects for Public Power and Distributed Renewable Energy

Recent growth in rooftop solar energy has caught the attention of utilities. Every customer who generates her own electricity is a customer who is not buying it (or at least as much of it) from the power company. Indeed, if she lives in...

Defining Power Property Expectations

To date, most government efforts to promote distributed solar energy have involved incentivizing property owners to undertake voluntary installations. However, that approach is changing, as government actors move to increase distributed...