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Energy

Demand Response Aggregators and the MISO Wholesale Markets: A Survey of State Laws

Demand response—programs designed to encourage end-users to reduce electricity use during peak periods—has played a large role in contemporary energy markets. This growing market has created a new market actor: demand response...

Energy Justice: What It Means and How to Integrate It Into State Regulation of Electricity Markets

This Comment proposes a framework for evaluating energy justice, recognizing that there is not, nor need be, a uniform definition of what energy justice means or what it seeks to achieve. The authority and process for implementing this...

Decentralization and Deference: How Different Conceptions of Federalism Matter for Deference and Why That Matters for Renewable Energy

This Article poses a question about deference that remains surprisingly unresolved: when Congress delegates to both state and federal agencies under a “cooperative federalism” scheme, who gets deference when interpreting that law, the...

Standing Rock Sioux Tribe v. Dakota Access

A district court held that the Dakota Access pipeline can continue to operate while the Army Corps of Engineers corrects deficiencies in its EA for the project. In an earlier decision, the court held that the Corps did not adequately...

United States v. Moss

The Fifth Circuit affirmed a district court ruling that Outer Continental Shelf Lands Act (OCSLA) safety regulations do not apply to contractors, subcontractors or service providers. The case concerned a fatal explosion during "hot work...

Wyoming v. DOI

The Tenth Circuit dismissed a challenge to a DOI rule governing hydraulic fracturing on federal and tribal lands, overturning a lower court ruling. In 2015, BLM finalized a fracking regulation that imposed new well construction, testing...

Expanding the U.S. Electric Transmission and Distribution Grid to Meet Deep Decarbonization Goals

This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI), addresses the critical role of the electric transmission and...

Americans For Clean Energy v. EPA

The D.C. Circuit held that EPA erred in how it interpreted and used the “inadequate domestic supply” waiver in the Renewable Fuel Standard law when setting low renewable fuel volumes for 2014-2016. In December 2015, EPA promulgated a...

Legal Pathways for a Massive Increase in Utility-Scale Renewable Generating Capacity

Decarbonizing the U.S. energy system will require a program of building onshore wind, offshore wind, utility-scale solar, and associated transmission that will exceed what has been done before in the United States by many times, every...

Correlative Rights and Limited Common Property in the Pore Space: A Response to the Challenge of Subsurface Trespass in Carbon Capture and Sequestration

Carbon dioxide and other substances injected as part of carbon capture and sequestration (CCS) have the potential to migrate beyond the confines of the injection project, creating the potential for trespass. In order for CCS to be...

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