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Articles 1 - 30 of 36
Full-Text Articles in Law
A Comparative Study On Carbon Emission Reduction Systems, Mingde Cao
A Comparative Study On Carbon Emission Reduction Systems, Mingde Cao
Dissertations & Theses
The overwhelming majority of scientists have concluded that global warming is unequivocal. The Intergovernmental Panel on Climate Change (IPCC) fifth report in 2013 concluded that the challenge of climate disruption to human beings is even more imperative than the previous report claimed, and that anthropogenic greenhouse gases (GHGs) emissions have extremely likely been the dominant causes of the observed global warming since the mid-20th century.
Anthropogenic GHGs emissions have many implications, including more intensive, extreme meteorological events, spreading of diseases, and threatening human health and life. Climate change also causes injustice in human society because of the dislocation of the …
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.
Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
Voter Psychology And The Carbon Tax, Gary M. Lucas Jr
Voter Psychology And The Carbon Tax, Gary M. Lucas Jr
Faculty Scholarship
Economists across the political spectrum argue that a carbon tax is the most effective and economically efficient policy for addressing climate change. Voters, however, strongly oppose the carbon tax and instead favor “green” subsidies and command-and-control regulations. If carefully designed, these policies might complement a carbon tax, but by themselves, they will make global warming mitigation incredibly expensive and perhaps even infeasible. Moreover, if poorly designed, subsidies and regulations can be counterproductive.
This Article argues that the public dislikes the carbon tax because the tax possesses attributes that make it psychologically unappealing relative to other climate policy instruments. The Article …
How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change, Lisa E. Sachs, Nicolas Maennling, Perrine Toledano
How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change, Lisa E. Sachs, Nicolas Maennling, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
The sustainable development goals (SDGs) and the Paris Agreement lay out a global consensus on the need to curb human-induced climate change and to achieve sustainable development. These concepts are linked. The urgency of addressing climate change is critical for global efforts to reduce poverty and advance sustainable development, but also climate-change mitigation must be pursued in a manner consistent with ending poverty, promoting economic development, respecting human rights, and ensuring social inclusion. CCSI and the UN Sustainable Development Solutions Network (SDSN) have published a briefing note summarizing the ways in which international oil and gas companies can help expand …
Grid Modernization And Energy Poverty, Shelley Welton
Grid Modernization And Energy Poverty, Shelley Welton
Faculty Publications
Grid modernization holds the alluring promise of rationalizing electricity pricing, saving consumers money, and improving environmental quality all at the same time. Yet, we have seen only limited and patchwork regulatory initiatives towards significant grid modernization in the United States. Outside of a few leading states, state energy regulators appear loath to embrace fullthroated versions of the project. This article argues that the underdiscussed problem of energy poverty in the United States is a critical contributing factor in the gap between grid modernization’s possibilities and our regulatory reality. Only by explicitly understanding how the issues of grid modernization and energy …
Pace Energy & Climate Center 2016 Annual Report, Pace Energy & Climate Center
Pace Energy & Climate Center 2016 Annual Report, Pace Energy & Climate Center
Environmental Law Program Publications @ Haub Law
The Center staff and many allies are deeply involved in the business of electric utility transformation. We live and work in a remarkable time. Decades of steady, thoughtful leadership on clean energy issues is now bearing fruit. Clean energy is not just the right thing to do, it is increasingly recognized as the right choice economically, technically, and for all members of society. Our work, especially in 2016, has been about making sure that we seize the moment and secure the benefits of clean energy use for all communities in New York, the Northeast U.S., across the country, and throughout …
Public Energy, Shelley Welton
Public Energy, Shelley Welton
Faculty Publications
Many scholars and policy makers celebrate cities as loci for addressing climate change. In addition to being significant sources of carbon pollution, cities prove to be dynamic sites of experimentation and ambition on climate policy. However, as U.S. cities set climate change goals far above those of their federal and state counterparts, they are butting up against the limits of their existing legal authority, most notably with regard to control over energy supplies. In response, many U.S. cities are exercising their legal rights to reclaim public ownership or control over private electric utilities as a method of achieving their climate …
Retail Rate Impacts Of Distributed Solar: Focus On New England, Nick Martin, Karl R. Rábago
Retail Rate Impacts Of Distributed Solar: Focus On New England, Nick Martin, Karl R. Rábago
Environmental Law Program Publications @ Haub Law
The Lawrence Berkeley National Laboratory (LBNL) recently issued a study entitled “Putting the Potential Rate Impacts of Distributed Solar into Context,” authored by Galen Barbose. The LBNL study estimates the potential rate impact of distributed solar on national average retail electricity prices, and importantly, compares that impact to the potential impact of other rate drivers such as natural gas prices, renewable portfolio standards, and utility capital expenditures.1
This brief applies a similar style analysis as used by LBNL to regional and state level data to estimate more granular impacts for New England. We estimate rate impacts for various penetration rates …
Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago
Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago
Environmental Law Program Publications @ Haub Law
New York State is undergoing a rapid and unprecedented energy transformation, particularly in the electricity sector. As new resources and technologies emerge to meet the demands of 21st century life, regulators must balance the need for cost effective and equitable participation in wholesale power markets while maintaining reliability on the grid. Furthermore, it is critical that all New Yorkers participate fully in the promise of a revitalized and equitable energy future. Such a transformation requires that the needs of all communities are factored into the polices and regulations that move New York toward the bold goals set forth under its …
A Us Clean Energy Transition And The Trump Administration, Joseph P. Tomain
A Us Clean Energy Transition And The Trump Administration, Joseph P. Tomain
Faculty Articles and Other Publications
The Obama administration undertook several steps giving the US federal government a leadership role in a clean energy transition. Among other actions, the administration develop a Climate Action Plan, successfully negotiated higher fuel vehicle standards with car manufacturers, passed the Clean Power Plan, and signed the Paris Climate Agreement. Although the United States had been party to other international climate agreements and was a signatory to the Rio Declaration, other federal efforts were lax at best.
During his election campaign, Donald Trump promised his supporters to eliminate the Clean Power Plan, withdraw from the Paris Agreement, curtail the Environmental Protection …
Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa
Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa
Environmental Law Program Publications @ Haub Law
From the foreword by Durwood Zaelke, President, Institute for Governance & Sustainable Development, Washington, DC.
“Since the beginning of time, human knowledge and culture have been passed down through stories. Short stories, songs, prayers, poems, even paintings can stick in your mind forever. These have always been the most powerful ways we learn and remember.
Tony is not only one of the world’s greatest lawyers, he is also one of the world’s greatest storytellers.
This book, in which he generously shares his experiences, his scars, and most importantly his humanity, is Tony’s gift to generations to come.
But he does …
Book Review, The Electric Battery: Charging Forward To A Low-Carbon Future, Joel Eisen
Book Review, The Electric Battery: Charging Forward To A Low-Carbon Future, Joel Eisen
Law Faculty Publications
The Electric Battery is the product of a Vermont Law School team led by Kevin Jones, the school’s Director of the Institute for Energy and the Environment. It is an essential resource for scholars, policymakers and others interested in the future for storage technologies in transportation and electricity, the sectors of the economy that produce the most greenhouse gases. Professor Jones brings considerable expertise to the project, having produced well-regarded reports on smart grid issues, and some projects mentioned in the book – such as the partnership between Tesla and Green Mountain Power – are located in the authors’ home …
Clean Electrification, Shelley Welton
Clean Electrification, Shelley Welton
Faculty Publications
To combat climate change, many leading states have adopted the aim of creating a “participatory” grid. In this new model, electricity is priced based on time of consumption and carbon content, and consumers are encouraged to adjust their behavior and adopt new technologies to maintain affordable electricity. Although a more participatory grid is an important component of lowering greenhouse gas emissions, it also raises a new problem of clean energy justice: utilities and consumer advocates claim that such policies unjustly benefit the rich at the expense of the poor, given the type of consumer best able to participate in the …
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Publications
The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …
Public Energy, Shelley Welton
Public Energy, Shelley Welton
All Faculty Scholarship
Many scholars and policy makers celebrate cities as loci for addressing climate change. In addition to being significant sources of carbon pollution, cities prove to be dynamic sites of experimentation and ambition on climate policy. However, as U.S. cities set climate change goals far above those of their federal and state counterparts, they are butting up against the limits of their existing legal authority, most notably with regard to control over energy supplies. In response, many U.S. cities are exercising their legal rights to reclaim public ownership or control over private electric utilities as a method of achieving their climate …
Stranded Costs And Grid Decarbonization, Jim Rossi, Emily Hammond
Stranded Costs And Grid Decarbonization, Jim Rossi, Emily Hammond
Vanderbilt Law School Faculty Publications
Over the past half century, energy law has endured many stranded cost experiments, each helping firms and customers adjust to a new normal. However, these past experiments have contributed to a myopic regulatory approach to past stranded cost recovery by: (1) endorsing a preference for addressing all stranded costs only after energy resource investment decisions have been made; and (2) fixating on the firm’s financial costs and protection of investors, rather than on the broader impacts of each on the energy system.
The current transition to decarbonization is already giving rise to stranded cost claims related to existing energy assets …
Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon
Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.
Blood Biofuels, Nadia B. Ahmad
Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad
Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills
Articles
The federal government’s trust relationship with federally recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …
Reconstituting The Federalism Battle In Energy Transportation, Jim Rossi, Alexandra B. Klass
Reconstituting The Federalism Battle In Energy Transportation, Jim Rossi, Alexandra B. Klass
Vanderbilt Law School Faculty Publications
This article explores the growing federalism tensions in efforts to expand the nation’s energy transportation infrastructure — the electric transmission lines, natural gas pipelines, natural gas import and export terminals and related infrastructure that power the U.S. electricity and transportation systems. It uses two illustrations — one involving an interstate electric transmission line (subject to state jurisdiction) and one involving and an interstate natural gas pipeline (subject to federal jurisdiction) — to highlight how the clear jurisdictional lines between federal and state authority over these projects created decades ago is no longer adequate for today’s energy needs. We believe that …
Environmental Law At The Borders, J.B. Ruhl
Environmental Law At The Borders, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Pipelines to the north. Walls to the south. Between President Trump's issuance of a permit for the Keystone XL pipeline crossing from Canada and his promise to build "The Wall," the politics of our national borders rarely have been in as much turmoil as they are today. And as with any infrastructure project, environmental policy has been deeply in play all the way. But the environmental law of the borders might surprise you. Indeed, arguably there isn't any for these two projects.
Dual Electricity Federalism Is Dead, But How Dead And What Replaces It?, Joel B. Eisen
Dual Electricity Federalism Is Dead, But How Dead And What Replaces It?, Joel B. Eisen
Law Faculty Publications
The Supreme Court decided three cases in the past year involving the split of jurisdiction between the Federal Energy Regulatory Commission (FERC) and the states in the energy sector: FERC v. Electric Power Supply Association, Hughes v. Talen Energy Marketing and ONEOK v. Learjet. This Article concludes that these watershed decisions herald a new approach to governing the rapid evolution of the modern electric grid. Discussing the decisions, the analysis demonstrates that they mark the end of “dual federalism” in electricity law that treated federal and state regulators as operating within separate and distinct spheres of authority, and proposes that …
Demand Response’S Three Generations: Market Pathways And Challenges In The Modern Electric Grid, Joel Eisen
Demand Response’S Three Generations: Market Pathways And Challenges In The Modern Electric Grid, Joel Eisen
Law Faculty Publications
Through a historical analysis spanning nearly five decades, this Article provides a comprehensive discussion of how demand response (reductions in electricity consumption in response to grid emergencies or price signals) has become both a growing resource on the electric grid and a policy trailblazer in the grid’s ongoing transformation. The discussion centers on three separate generations of efforts to promote demand-side measures in the electric grid, dating to the 1960s and oriented chronologically around important events in the electric power industry.
Demand response has been a test bed of important regulatory principles like frameworks for interactivity with the grid, the …
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Articles
This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.
But renewable portfolio standards, feed-in tariffs, and …
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 …
It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig
It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig
Utah Law Faculty Scholarship
Marine aquaculture and marine-based alternative energy, especially offshore wind, are increasingly competing for space on the Outer Continental Shelf and the water column above it with each other and with more traditional ocean uses. The laws governing this increasingly crowded space need to become better aware of changing uses of and values for the ocean and to promote rational planning of how this space is used in the future.
In one approach, various regions of the U.S. coast are actively engaged in comprehensive marine spatial planning. Marine spatial planning is a process designed to prioritize, balance, and rationally allocate the …
Grid Modernization And Energy Poverty, Shelley Welton
Grid Modernization And Energy Poverty, Shelley Welton
All Faculty Scholarship
Grid modernization holds the alluring promise of rationalizing electricity pricing, saving consumers money, and improving environmental quality all at the same time. Yet, we have seen only limited and patchwork regulatory initiatives towards significant grid modernization in the United States. Outside of a few leading states, state energy regulators appear loath to embrace full-throated versions of the project. This article argues that the under-discussed problem of energy poverty in the United States is a critical contributing factor in the gap between grid modernization’s possibilities and our regulatory reality. Only by explicitly understanding how the issues of grid modernization and energy …
Energy Subsidies: Worthy Goals, Competing Priorities, And Flawed Institutional Design, David M. Schizer
Energy Subsidies: Worthy Goals, Competing Priorities, And Flawed Institutional Design, David M. Schizer
Faculty Scholarship
The United States uses on targeted subsidies for both "green" energy and hydrocarbons. These subsidies pursue worthwhile goals. But unfortunately, many have design flaws that make them less effective or even counterproductive. The goal of this Article is to show how to do better.
Specifically, this Article focuses on three sets of issues. First, there often is tension between our environmental and national security goals. Unfortunately, the economics literature on energy largely ignores these trade-offs by omitting national security from the analysis. This Article takes issue with this approach and suggests ways to manage these trade-offs. Second, this Article argues …