Energy and Utilities Law Commons^™

Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman

Hari Osofsky

No abstract provided.

Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main

Pace Environmental Law Review

This note argues that a dual jurisdictional approach to demand response programming is better suited to mitigate environmental harms than an “either-or” regulatory model. Through an exploration of FERC’s authority over wholesale demand response, state authority over retail-level demand response, and implications for electricity and capacity markets arising out of the Court’s decision in FERC v. EPSA, this note will offer effective legal mechanisms for mitigating environmental costs, while fostering environmental benefits. The next section of this note analyzes the strengths and weaknesses of state and federal regulatory approaches to demand response in isolation.

Based on this assessment, this note …

Siting Technology, Land-Use Energized, Steven Ferrey

Catholic University Law Review

Jurisdiction for the siting of electric power plants is vested in the fifty states, four territories, and thousands of local governments. Further complicating this scheme is federal government’s exclusive authority over certain transactions originating from these facilities. Against this backdrop of often divergent and conflicting laws, this article compiles a multijurisdictional review of the jurisdictional issues surrounding the regulation of electric power. Employing multiple state by state surveys, this paper compares electric power siting laws, the interactions between federal, state, and municipal authorities, and the mechanics of regulatory structures across the United States.