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Articles 1 - 7 of 7
Full-Text Articles in Law
Artificial Intelligence And Climate Change, Amy L. Stein
Artificial Intelligence And Climate Change, Amy L. Stein
UF Law Faculty Publications
As artificial intelligence (AI) continues to embed itself in our daily lives, many focus on the threats it poses to privacy, security, due process, and democracy itself. But beyond these legitimate concerns, AI promises to optimize activities, increase efficiency, and enhance the accuracy and efficacy of the many aspects of society relying on predictions and likelihoods. In short, its most promising applications may come, not from uses affecting civil liberties and the social fabric of our society, but from those particularly complex technical problems lying beyond our ready human capacity. Climate change is one such complex problem, requiring fundamental changes …
Energy Emergencies, Amy L. Stein
Energy Emergencies, Amy L. Stein
UF Law Faculty Publications
Emergency powers are essential to the proper functioning of the government. Emergencies demand swift and decisive action; yet, our system of government also values deliberation and procedures. To enable such agility in a system fraught with bureaucracy, Congress frequently delegates unilateral statutory emergency powers directly to its most nimble actor: the President. The powers Congress delegates to the President are vast and varied, and often sacrifice procedural requirements in favor of expediency. Most scholars and policymakers have come to terms with this tradeoff, assuming that the need to respond quickly is outweighed by any loss of accountability. This Article challenges …
Breaking Energy Path Dependencies, Amy L. Stein
Breaking Energy Path Dependencies, Amy L. Stein
UF Law Faculty Publications
f the many barriers to clean energy development discussed in the literature, the power of the status quo is not normally one of them. Yet beyond the need for more transmission lines, the need to decouple electricity sales from revenue, or the need to amend our environmental laws to more fully capture the externalities of energy, efforts to develop clean energy are faced with over a century of institutional “stickiness” associated with the legal and regulatory framework governing energy. This article explores how path dependency theories can inform the practical legal efforts to overcome such stickiness, identifying the troublesome approaches …
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein
UF Law Faculty Publications
This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be a game-changer for many facets of our grid, providing better integration of renewable energy, enhanced reliability, and reduced use of carbon-intensive fuels. Energy storage faces a number of obstacles, however, including technological, financial, and regulatory uncertainty. This Article focuses on the regulatory uncertainty, and defends the proposition that not all regulatory uncertainty is created equal. It argues for differential treatment of this uncertainty, depending on its context, scope, and source, and …
Renewable Energy Through Agency Action, Amy L. Stein
Renewable Energy Through Agency Action, Amy L. Stein
UF Law Faculty Publications
Despite the many societal benefits associated with renewable energy, it is used to generate only about 5 percent of our nation's electricity needs. The bulk of governmental efforts to rectify this situation have disproportionately impacted private actors. This Article argues that the federal government should expand its efforts to more fully capture the gains that can be achieved by targeting both private and public actors, particularly federal agencies. Federal agencies have enormous purchasing power that can be channeled toward using electricity and fuels derived from renewable energy. Federal agencies are some of the largest consumers of electricity. Federal agencies manage …
The Tipping Point Of Federalism, Amy L. Stein
The Tipping Point Of Federalism, Amy L. Stein
UF Law Faculty Publications
As the Supreme Court has noted, “it is difficult to conceive of a more basic element of interstate commerce than electric energy, a product that is used in virtually every home and every commercial or manufacturing facility. No state relies solely on its own resources in this respect.” And yet, the resources used to generate this electricity (e.g., coal, natural gas, or renewables) are determined largely by state and local authorities through their exclusive authority to determine whether to approve construction of a new electricity generation facility. As the nation finds itself faced with important decisions that directly implicate the …
Beyond Yucca Mountain: Split Liability Drives Action For Interim Nuclear Waste Storage, Amy L. Stein
Beyond Yucca Mountain: Split Liability Drives Action For Interim Nuclear Waste Storage, Amy L. Stein
UF Law Faculty Publications
After fifteen years and six billion dollars, the United States still lacks a viable long-term solution to the mounting levels of high-level nuclear waste scattered across the nation in 68 sites. The Nuclear Waste Policy Act of 1982 (“NWPA”) and its 1987 Amendments have driven regulators to approve Yucca Mountain, Nevada, for burial of the 37,000 metric tons of nuclear waste in need of a final resting place. In the NWPA, Congress set January 31, 1998 as the deadline by which the Department of Energy (“DOE”) was to dispose of the utilities' nuclear waste. However, litigation challenges, scientific uncertainty, and …