Energy and Utilities Law Commons^™

Evolving Energy Federalism: Zero Emissions Credits And Opportunities In State Energy Policy, Matt Flaherty

San Diego Journal of Climate & Energy Law

Courts traditionally view regulation of the energy sector as a dual federalism framework in which a “bright line” separates sovereignty of the states from the power reserved to federal regulators. In particular, the Federal Power Act (FPA) grants the Federal Energy Regulatory Commission (FERC) authority over wholesale electricity markets. Courts generally interpret this authority over wholesale markets as exclusive, which ensures the federal government and states occupy different fields of the electric industry. States retain authority in fields that bookend FERC’s power over wholesale markets— electric power generation on one side and retail sales of electricity on the other…

Part …

State Climate Actors Under The Federal Power Act: A 2017 Fpa Update, Guidance, And Solution, Ian Kearney

San Diego Journal of Climate & Energy Law

Climate change poses the greatest single threat to nearly every being on this planet. It is the result of many factors, but anthropogenic emissions of carbon and other greenhouse gasses (GHGs) are among the largest contributors to climate change. Though many sources emit anthropogenic GHGs, the energy sector is the largest global emitter of any economic sector. As such, the energy sector has come under particular scrutiny as it relates to climate change policy.

Today in the United States, state climate action is as prevalent as ever. However, the federal government’s environmental progress under the Obama Administration has come to …

California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Hope On The Horizon For Offshore Wind Development? An Examination Of The Regulatory Framework Rhode Island Navigated To Make The Nation’S First Offshore Wind Farm A Reality, And The Implication For California’S Ability To Adopt A Similar Approach Under The Coastal Zone Management Act, Lauren Perkins

San Diego Journal of Climate & Energy Law

After establishing the reasons for why creating a more efficient permitting system is crucial, this Article examines the question of under what conditions BOEM, the lead agency in the offshore wind permitting process, delegates authority to a state so that it may permit a project in federal waters under the CZMA without running into federal preemptory roadblocks. This question is of utmost significance in California and Hawaii where projects utilizing floating turbine technology are proposed to be located in federal waters to take advantage of optimal wind gusts farther offshore. After examining the conditions favorable for federal delegation of the …

The Trump Effect On Power Plant Carbon Dioxide Emissions, Thomas O. Mcgarity

San Diego Journal of Climate & Energy Law

This Article will probe the legal, technological and economic underpinnings the Trump Administration initiatives and the viewpoint that their initiatives will have little impact on CO2 emissions from power plants. Part II will highlight the Trump Administration’s views on the extent to which human activities are the leading contributing factor. Part III will describe the radical change in direction that that the Trump Administration is taking with respect to regulations designed to reduce GHG emissions from power plants. Part IV will offer predictions about the likely effect of the Trump Administration’s rollbacks on the electric power and coal industries, on …

Net Neutrality Powers Energy And Forestalls Climate Change, Catherine J.K. Sandoval

San Diego Journal of Climate & Energy Law

Drawing on my experience as a Commissioner of the California Public Utilities Commission (CPUC) from January 2011 to January 2017, this Article explores the interdependence of the electricity sector and the open and neutral internet. Section II of this Article discusses the evolution of critical infrastructure laws and policies. Section III examines California’s energy loading order adopted in 2003 to increase energy reliability and protect the environment. Section IV analyzes the evolution of federal and state Smart Grid policies to infuse communications and information technologies including the internet into the energy ecosystem. Section V discusses FERC’s authorization of demand response−the …

Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Contractors’ State License Board, Mayra Castro, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Net Legal Power, Steven Ferrey

San Diego Law Review

Law will determine the future of the planet. Net metering, the regulatory mechanism employed by 88% of U.S. states to promote renewable power and to reduce carbon emissions from electricity production, is now legally challenged. The legality of recent carbon control policies is expected to head to the Supreme Court.

The law governing electric power, and electric power itself, is distinct from everything else. The physics of electricity do not align with the law. Electric power, alone among all forms of energy, is the only energy which cannot be stored: The supply of power produced must instantaneously second-by-second exactly match …

Energy Consumption Data: The Key To Improved Energy Efficiency, Alexandra B. Klass, Elizabeth J. Wilson

San Diego Journal of Climate & Energy Law

This Article explores recent efforts that federal, state, and local governments have taken to create regulatory frameworks to collect energy consumption data and make it available to consumers and, in some cases, to the public. Part II explains the nature of energy consumption data, the problems with not having such data readily available to consumers and policymakers, and the benefits associated with making it available to a wider range of potential users. Part III explores developing federal, state, and local policies governing energy consumption data, including how policymakers have attempted to address some of the privacy and other concerns associated …

Contractors' State License Board, Karla Dawn Bell, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Sapna Iyer, Rebecca A. Richards, Monisha Ann Coelho, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

A Critical Analysis Of Joint Board Policy At The Federal Energy Regulatory Commission, Frank P. Darr

San Diego Law Review

The Federal Power Act authorizes the use of joint boards to solve federal-state coordination problems. This Article is a critical analysis of the Federal Energy Regulatory Commission's (Commission) refusal to incorporate regional state boards in decision-making policies. The author suggests that this policy of division between the federal and state authorities is not consistent with the Commission's legislative mandate from Congress. He recommends that the Commission accommodate state desires for participation in those matters in which the balance of political needs favors coordinated action. This Article critiques the rationales offered by the Commission for avoiding the use of joint boards, …