Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs, Joel Eisen
The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs, Joel Eisen
Law Faculty Publications
This Article proposes and applies a “conscious disregard” test for resolving the upcoming appellate litigation that involves the conflict between federal authority over the electric grid and state laws providing subsidies to nuclear power plants in the form of “zero emissions credits” (ZECs). This test draws upon principles of conflict preemption, as elaborated in three recent Supreme Court decisions on the intersection of state and federal jurisdiction over the electric grid under the Federal Power Act. It provides that if a state law explicitly aims to directly affect wholesale electricity market prices, terms or conditions, its subsidy program is impermissible …
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 …
Ferc V. Epsa And The Path To A Cleaner Electricity Sector, Joel B. Eisen
Ferc V. Epsa And The Path To A Cleaner Electricity Sector, Joel B. Eisen
Law Faculty Publications
This article analyzes the impact of FERC v. Electric Power Supply Association, in which the Supreme Court upheld FERC’s demand response rule (Order 745) and confirmed FERC’s authority over “practices” “directly affecting” wholesale rates for electricity. It contends that the Supreme Court made a definitive pronouncement on FERC’s authority over end users of electricity who also provide resources back to the electric grid. It also contends that FERC v. EPSA marks the end of “dual federalism” in electricity law that treated federal and state jurisdiction as separate and distinct spheres of authority. Instead, it posits a new era of concurrent …
Ferc’S Expansive Authority To Transform The Electric Grid, Joel B. Eisen
Ferc’S Expansive Authority To Transform The Electric Grid, Joel B. Eisen
Law Faculty Publications
Using an unprecedented historical analysis of over 100 years of law dating to the Progressive Era, this Article concludes that the Supreme Court’s landmark decision in Federal Energy Regulatory Commission (“FERC”) v. Electric Power Supply Association properly asserted that FERC has ample authority to pursue broad environmental and energy goals in transforming the electric grid. Building on the Court’s finding that FERC may regulate “practices” that “directly affect” rates in wholesale electricity markets, the analysis develops a detailed standard that is consistent with interpretation of regulatory statutes in each of three distinct eras: the Progressive Era, the era of regulation …
Brief For Federal Energy Regulatory Commission As Amici Curiae Of Energy Law Scholars Supporting Petitioners, Joel Eisen
Brief For Federal Energy Regulatory Commission As Amici Curiae Of Energy Law Scholars Supporting Petitioners, Joel Eisen
Law Faculty Publications
Amici curiae are law professors who have significant research and teaching experience in the field of energy law, with a particular focus on electric power markets. They are listed in the Appendix to this brief. They are submitting this brief because they believe that the U.S. Court of Appeals for the District of Columbia Circuit made serious errors when it held that the Federal Energy Regulatory Commission (FERC) lacked authority to regulate operators’ rules for demand response (DR) in the wholesale electricity markets.
The Need For Mandatory Electric Reliability Standards And Greater Transmission Investment, Joseph T. Kelliher
The Need For Mandatory Electric Reliability Standards And Greater Transmission Investment, Joseph T. Kelliher
University of Richmond Law Review
No abstract provided.
Federalism And Beyond: The Uncertain Nature Of Federal/State Relationships In A Restructuring World, Edward L. Petrini, Thomas B. Nicholson, Edward J. Brady, Carrington F. Phillip, Mark J. Mathis
Federalism And Beyond: The Uncertain Nature Of Federal/State Relationships In A Restructuring World, Edward L. Petrini, Thomas B. Nicholson, Edward J. Brady, Carrington F. Phillip, Mark J. Mathis
Richmond Journal of Law & Technology
Federalism in the restructuring context has certainly been controversial and filled with uncertainty -- some would say perilous. Some would say the shifts in jurisdiction between federal and state governments are so serious and of such concern that we should really pause before restructuring the electric industries. Some say we have not done the right thing in the telecommunications industry either. This area is certainly filled with potential for competitors and for lawyers. To help us sort it out, we have four distinguished panelists who are going to identify some of the key state/federal jurisdictional issues in the telecommunications and …
Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson
Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson
University of Richmond Law Review
Increasing and conflicting uses of water have been widely heralded as one of the major environmental crises facing society. Below average rainfall in recent years has caused municipal water shortages in Virginia, particularly in the rapidly growing areas of the southeastern part of the state, evidence that water quantity problems are no longer a phenomenon peculiar to the western states. Generally, those in Virginia who advocate reallocation of water to areas of the state experiencing such shortages feel that the state has enough water, just not all in the correct places.