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Full-Text Articles in Law
State Public Utility Commissions' Powers To Advance Energy Efficiency, Michael B. Gerrard
State Public Utility Commissions' Powers To Advance Energy Efficiency, Michael B. Gerrard
Faculty Scholarship
Improving energy efficiency is widely acknowledged as the most economical way to reduce greenhouse gas emissions and the other adverse environmental impacts of fossil fuel use. Indeed, efficiency measures often yield net cost savings over a fairly short period of time.
The United States lacks a comprehensive regulatory program for energy efficiency. The Environmental Protection Agency and the Department of Transportation set fuel economy standards for motor vehicles (and on Aug. 28, 2012, finalized a major tightening of those standards). The Department of Energy sets many appliance standards and administers certain grant and research programs. The Federal Energy Regulatory Commission …
Hurricane Katrina Decision Highlights Liability For Decaying Infrastructure, Michael B. Gerrard
Hurricane Katrina Decision Highlights Liability For Decaying Infrastructure, Michael B. Gerrard
Faculty Scholarship
A March 2, 2012, decision from the U.S. Court of Appeals for the Fifth Circuit, little noticed outside of New Orleans, has broad implications for the liability of federal agencies for injuries caused by the decay or obsolescence of infrastructure due to erosion, sea level rise, and other ongoing conditions, whether of natural or human origin. Less directly, the decision also affects the liability of state and municipal governments, and even private entities in charge of built structures.
This article describes the underlying facts, the decision, and its implications. It also considers how governments and private parties can, to a …