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Misguided Energy: Why Recent Legislative, Regulatory, And Market Initiatives Are Insufficient To Improve The U.S. Energy Infrastructure, Joshua P. Fershee

Joshua P Fershee

This Article argues that recent legislative and regulatory attempts to address inadequate energy infrastructure in the United States are too limited in scope and rely too heavily on market-based initiatives to stimulate the urgent improvements that are necessary. The Article analyzes the likely effects of the Energy Policy Act of 2005, challenging the assumption that the provisions intended to remove potential impediments to investment--including those repealing the Public Utilities Holding Company Act and modifying the merger review authority of the Federal Energy Regulatory Commission (“FERC”)--are likely to result in significant new investment in energy infrastructure. In addition to identifying remaining …