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Articles 1 - 9 of 9
Full-Text Articles in Law
Can Nonstatutory Federal Climate Litigation Drive Federal Climate Policy?, David L. Markell
Can Nonstatutory Federal Climate Litigation Drive Federal Climate Policy?, David L. Markell
Scholarly Publications
No abstract provided.
Capital Rigidities, Latent Externalities, Shi-Ling Hsu
Capital Rigidities, Latent Externalities, Shi-Ling Hsu
Scholarly Publications
Capital, one of two fundamental inputs to production, is critical to economic growth. As such, legal rules and institutions generally seek to create more of it, and they also seek to protect existing capital from policy changes. However, capital is often durable, and during its natural life, information may emerge pointing to negative externalities resulting from operation of that capital. Legal rules and institutions, in seeking to stimulate and sustain economic growth by promoting and protecting capital, thus tend to induce the creation of excess capital. This abundance of capital creates excess resistance to new regulation or policy reform, as …
Community-Scale Renewable Energy, Hannah J. Wiseman, Sara C. Bronin
Community-Scale Renewable Energy, Hannah J. Wiseman, Sara C. Bronin
Scholarly Publications
No abstract provided.
Dynamic Energy Federalism, Hannah J. Wiseman, Hari M. Osofsky
Dynamic Energy Federalism, Hannah J. Wiseman, Hari M. Osofsky
Scholarly Publications
United States energy law and the scholarship analyzing it are deeply fragmented. Each source of energy has a distinct legal regime, and limited federal regulation in some areas has resulted in divergent state and local approaches to regulation. Much of the existing energy law literature reflects these substantive and structural divisions, and focuses on particular aspects of the energy system and associated federalism disputes. However, in order to meet modern energy challenges—such as reducing risks from deepwater drilling and hydraulic fracturing, maintaining the reliability of the electricity grid in this period of rapid technological change, and producing cleaner energy—we need …
Urban Energy, Hannah J. Wiseman
Urban Energy, Hannah J. Wiseman
Scholarly Publications
Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …
Formulating A Law Of Sustainable Energy: The Renewables Component, Hannah J. Wiseman, Lindsay Grisamer, E. Nichole Saunders
Formulating A Law Of Sustainable Energy: The Renewables Component, Hannah J. Wiseman, Lindsay Grisamer, E. Nichole Saunders
Scholarly Publications
No abstract provided.
Expanding Regional Renewable Governance, Hannah J. Wiseman
Expanding Regional Renewable Governance, Hannah J. Wiseman
Scholarly Publications
Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce. Federal, state, and local governments have thus determined that renewable energy development is essential and have passed substantial requirements for its use. These lofty goals will fail, however, if policymakers rely upon existing institutions to govern renewable development. Renewable fuels are fugitive resources, and ideal property for renewable technology is defined by the strength of the sunlight or wind that flows over it. When a potential site for a utility-scale development is identified, a new piece of property, which I call a “renewable parcel,” is superimposed …
Local Energy, Hannah J. Wiseman, Garrick B. Pursley
Local Energy, Hannah J. Wiseman, Garrick B. Pursley
Scholarly Publications
At a point in the future that is no longer remote, renewable energy will be a necessity. The construction of large renewable energy farms is central to a transition away from fossil fuels, but distributed renewable energy technologies—wind turbines in backyards and solar panels on roofs—are immediately essential as well. Widespread deployment of distributed renewable technologies requires rapid innovation led by renewable energy pioneers—individuals who act as market leaders and prove to their neighbors that these new energy devices are safe and worthy of use. Existing law and the very structure of governmental authority over energy is ill-suited to this …
A Realistic Evaluation Of Climate Change Litigation Through The Lens Of A Hypothetical Lawsuit, Shi-Ling Hsu
A Realistic Evaluation Of Climate Change Litigation Through The Lens Of A Hypothetical Lawsuit, Shi-Ling Hsu
Scholarly Publications
Several dozen cases that can be classified as "climate change litigation" have been filed worldwide, and legal scholars have already generated a considerable amount of writing on the phenomenon. The debate and scholarship has sometimes gotten ahead of itself, reflecting on the normative implications of outcomes that are still speculative at this point. This Article seeks to ground this debate by analyzing the actual legal doctrines that may serve as bases for liability, and seeks to make a realistic evaluation of the likelihood of success of these types of suits. Climate change litigation, in its various forms, raises issues of …