Law Commons^™

Professor Bruce Huber, Diploma Ceremony Address, Bruce R. Huber

Bruce R Huber

Law Professor, Bruce Huber, Robert and Marion Short Scholar, and the Law School Distinguished Teacher, delivered the diploma ceremony address to the Class of 2017 on May 20, 2017.

Bruce Huber Was A Guest On Npr's All Things Considered, "What The Keystone Xl Pipeline Decision Actually Means", Bruce R. Huber

Bruce R Huber

President Obama has rejected the application to complete the Keystone XL pipeline. Bruce Huber, professor of energy law at the University of Notre Dame, talks about the Keystone pipeline decision.

Bruce Huber Was A Guest On Npr's The Weekend Show, "Environmentalists Celebrate Keystone Xl Decision", Bruce R. Huber

Bruce R Huber

Environmental groups and activists are celebrating President Obama's decision to reject the Keystone XL Pipeline plan, but some people say that the Keystone decision is a symbolic one.

The Fair Market Value Of Public Resources, Bruce R. Huber

Bruce R Huber

This Article explores the problem of public resource sales with particular reference to natural resources managed by the federal government. Lands owned by the United States hold trillions of dollars' worth of natural resources. Federal agencies earn billions in annual revenue from resource sales, yet critics assert that billions more could be reaped if resources were sold for a fair price. Although federal law has increasingly required that agencies price resources at fair market value, this requirement is surprisingly difficult to interpret and even more dfficult to implement and enforce. This Article analyzes the various forces that bear on public …

Demand Response And Market Power, Bruce R. Huber

Bruce R Huber

In her article, Bypassing Federalism and the Administrative Law of Negawatts, Sharon Jacobs educates her readers about the concept of demand response, and then describes its propagation in recent years while making the broader argument that the Federal Energy Regulatory Commission (“FERC”) — the federal government’s principal energy regulator — has engaged in a strategy of “bypassing federalism” that may entail more costs than benefits. Professor Jacobs is right to call attention to demand response and to FERC’s approach to matters of jurisdictional doubt. While I share many of her concerns about boundary lines in a federal system, I argue …

Bruce Huber Gave The Talk “Is Fracking The Answer? The Law And Politics Of Energy Today” At The London Global Gateway On November 22, 2014, Bruce Huber

Bruce R Huber

Bruce Huber gave the talk “Is Fracking the Answer? The Law and Politics of Energy Today” at the London Global Gateway on November 22, 2014

The Durability Of Private Claims To Public Property, Bruce R. Huber

Bruce R Huber

Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …

Bruce Huber Was Quoted In The Usa Today Article Supreme Court Limits Greenhouse Gas Regulations On June 23, Bruce Huber

Bruce R Huber

Bruce Huber was quoted in the USA Today article Supreme Court limits greenhouse gas regulations. The USA Today article quote was cited in the PBS article Supreme Court Largely Upholds EPA’s Power to Regulate Greenhouse Gases.

Bruce Huber Was Quoted In The Washington Times Article New Epa Carbon Limits Further Natural Gas Boom At Expense Of Coal On June 2, Bruce Huber

Bruce R Huber

Bruce Huber was quoted in The Washington Times article New EPA carbon limits further natural gas boom at expense of coal on June 2.

“Natural gas is the obvious, most likely path here,” said Bruce Huber, associate professor at Notre Dame Law School who specializes in environmental and energy law. “The major asterisk to that is these markets have a way of changing exceedingly fast. Things could change pretty rapidly.”

Quoted In The Forbes Article, "Obama Epa Issues Coal-Killing Rules To Cut Carbon Emissions 30 Percent", Bruce Huber

Bruce R Huber

Bruce Huber, associate professor of law at Notre Dame, says that by giving states this “unprecedented degree of flexibility” the EPA has properly addressed the magnitude of the issue and made it more likely that the plan would succeed. “Furthermore, by using 2005 as the baseline year for measuring the required emissions reductions, the EPA essentially gave credit to all those states that have already reduced carbon emission substantially since that date,” says Huber.

Bruce Huber Was Mentioned In The Economist Story Cowboys V Feds Related To The Bundy/Blm Standoff In Nevada On April 24., Bruce Huber

Bruce R Huber

Bruce Huber was mentioned in the Economist story Cowboys v Feds related to the Bundy/BLMstandoff in Nevada on April 24. Bruce Huber, a law professor at Notre Dame Law School, notes that it is exceedingly rare for the BLM to withdraw rights to federal land once they have been granted. In this respect Mr Bundy’s case is unusual, although he typifies the sense of entitlement some ranchers have developed.

How Did Rggi Do It? Political Economy And Emissions Auctions, Bruce R. Huber

Bruce R Huber

Among the major emissions trading schemes in operation around the world, the Regional Greenhouse Gas Initiative (RGGI) stands alone: this CO₂ cap-and-trade program among nine northeastern states is the only such scheme to rely primarily on auctions to distribute emissions allowances. The standard practice - distributing allowances for free on the basis of historical emissions - elicits begrudging but politically crucial support from some regulated emitters. Like carbon taxation, allowance auctioning has long been considered economically superior to its alternatives but politically infeasible.

How did the RGGI states manage to defy conventional wisdom and institute a program so reliant …

Transition Policy In Environmental Law, Bruce R. Huber

Bruce R Huber

Embedded within the structure of much American environmental regulation is a distinction between the new and the existing. This distinction reflects a recurrent political challenge for environmental policymakers: whether and how to mitigate regulatory burdens when policy change upsets settled expectations and investment commitments. Environmental law often grandfathers existing products and pollution sources or provides them with other kinds of transition relief. This paper presents a survey of transition policies in environmental regulation, which is followed by a pair of short case studies drawn from the trucking and pesticide industries. These examples demonstrate that the form and extent of transition …