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Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann
Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann
Washington Law Review
The dormant Commerce Clause has long been a thorn in the side of state policymakers. The latest battleground for the clash between federal courts and state legislatures is energy policy. In the absence of a decisive federal policy response to climate change, nearly thirty states have created a new type of securities—clean energy credits—to promote low-carbon renewable and nuclear power. As more and more of these programs come under attack for alleged violations of the dormant Commerce Clause, this Article explores the constitutional constraints on clean energy credit policies. Careful analysis of recent and ongoing litigation reveals the need for …
Through The Looking Glass: How Review Of Natural Gas Exports Hides Environmental Effects In Plain Sight, Julia Michel
Through The Looking Glass: How Review Of Natural Gas Exports Hides Environmental Effects In Plain Sight, Julia Michel
Washington Journal of Environmental Law & Policy
Often called the “Magna Carta” of environmental laws, the National Environmental Policy Act (NEPA) has made informed decision-making about the environment a pre-requisite for every major federal permit approval. By requiring federal agencies to systematically consider and disclose the environmental and health consequences of a course of action, NEPA also made federal decision-making public—”we know best” no longer suffices to allow agencies to make a decision without considering its environmental consequences. Yet NEPA’s mandate has been thwarted when it comes to natural gas exports. Without meaningful review of the consequences, federal agencies have already approved proposals to export an amount …