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Full-Text Articles in Law
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
Florida State University Law Review
This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be a game-changer for many facets of our grid, providing better integration of renewable energy, enhanced reliability, and reduced use of carbon-intensive fuels. Energy storage faces a number of obstacles, however, including technological, financial, and regulatory uncertainty. This Article focuses on the regulatory uncertainty, and defends the proposition that not all regulatory uncertainty is created equal. It argues for differential treatment of this uncertainty, depending on its context, scope, and source, and …
Fairness Versus Efficiency In Environmental Law, Shi-Ling Hsu
Fairness Versus Efficiency In Environmental Law, Shi-Ling Hsu
Scholarly Publications
Like many other areas of law, the development of environmental law has been strongly influenced by notions of fairness. This should not be surprising, since environmental law has been developed by lawyers, who are self-selected to be fairness-oriented and trained to think in terms of fairness. While large environmental gains have been achieved in the thirtyyear history of environmental law, progress seems to have reached a plateau. Partisanship has poisoned the debate on how best to proceed in making further environmental progress. I attribute the failings and the current stalemate in environmental law to our obsession with fairness. Fairness-thinking has …