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Full-Text Articles in Law
The Rise And Fall Of Clean Air Act Climate Policy, Nathan Richardson
The Rise And Fall Of Clean Air Act Climate Policy, Nathan Richardson
Michigan Journal of Environmental & Administrative Law
The Clean Air Act has proven to be one of the most successful and durable statutes in American law. After the Supreme Court’s 2008 decision in Massachusetts v. EPA, there was great hope that the Act could be brought to bear on climate change, the most pressing current environmental challenge of our time. Massachusetts was fêted as the most important environmental case ever decided, and, upon it, the Environmental Protection Agency under President Obama built a sweeping program of greenhouse gas regulations, aimed first at emissions from road vehicles, and later at fossil fuel power plants. It was the most …
Implementing Nepa In The Age Of Climate Change, Jayni Foley Hein, Natalie Jacewicz
Implementing Nepa In The Age Of Climate Change, Jayni Foley Hein, Natalie Jacewicz
Michigan Journal of Environmental & Administrative Law
The national government has a crucial role to play in combating climate change, yet federal projects continue to constitute a major source of United States greenhouse gas emissions. Under the National Environmental Policy Act, agencies must consider the environmental impacts of major federal actions before they can move forward. But agencies frequently downplay or ignore the climate change impacts of their projects in NEPA analyses, citing a slew of technical difficulties and uncertainties. This Article analyzes a suite of the most common analytical failures on the part of agencies with respect to climate change: failure to account for a project’s …
Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria
Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria
Michigan Journal of Environmental & Administrative Law
This paper examines, enunciates, and makes explicit a set of market principles historically relied upon by the Federal Energy Regulatory Commission (FERC) to regulate wholesale electricity markets as required under the Federal Power Act (FPA). These identified competitive market principles are supported by policy and legal foundations that run through a myriad of FERC orders and court decisions. This paper seeks to make that history and those implicit market principles explicit by distilling and organizing Commission Orders and court decisions. It concludes that five market principles, each with multiple subprinciples, can be identified as elemental to how FERC understands and …