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Full-Text Articles in Law
Ferc's Dam Decommissioning Authority Under The Federal Power Act, Beth C. Bryant
Ferc's Dam Decommissioning Authority Under The Federal Power Act, Beth C. Bryant
Washington Law Review
The Federal Energy Regulatory Commission (FERC) asserted in a 1994 Policy Statement that it has the authority under the Federal Power Act to deny a new license for a hydroelectric dam or impose environmental conditions on a new license that may render a project unprofitable, when doing so is in the public interest. In addition, FERC stated that it would impose decommissioning costs on the dam owner. The hydroelectric industry claims that FERC lacks the authority to take these actions, and that if maintaining a dam is no longer in the public interest, either the federal government or another party …
Saving The Lost Sheep: Bringing Environmental Values Back Into The Fold With A New Epa Decisionmaking Paradigm, Victor B. Flatt
Saving The Lost Sheep: Bringing Environmental Values Back Into The Fold With A New Epa Decisionmaking Paradigm, Victor B. Flatt
Washington Law Review
Currently, the Environmental Protection Agency (EPA) uses benefit-cost analysis in making many of its regulatory and enforcement decisions. This Article argues that, although required in some instances, the EPA's benefit-cost analysis procedure is incomplete, deeply flawed, and may even violate statutes in some respects. Much of the controversy surrounding environmental regulation can be attributed to this flawed benefit-cost analysis. This Article proposes a new paradigm for EPA regulatory decisionmaking. The proposed paradigm is a four-step decisionmaking process that enhances the outcome of the EPA's decisions by highlighting values that are often ignored or outside the traditional benefit-cost analysis but are …