Constitutional Law Commons^™

Renewable Energy Federalism, Danielle Stokes

Law Faculty Publications

No one seriously questions that an improved and decarbonized energy supply system is a key component of climate change mitigation, but the United States’ system of federalism complicates the siting of utility-scale renewable energy facilities. The new Biden Administration presents the United States with an opportunity to reimagine how this country regulates renewable energy siting, allowing for substantial national progress in reducing greenhouse gas emissions. Currently, primary siting authority for renewable energy projects rests with state and local governments, which generally exercise that authority through zoning and land use planning, while the federal government approves most interstate energy delivery systems. …