Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Energy (3)
- Electricity (2)
- Renewable energy (2)
- Utilities (2)
- Air pollution (1)
-
- COVID-19 pandemic (1)
- Checks and Balances (1)
- Clean Air Act (1)
- Climate change (1)
- Congress (1)
- Corporate disclosure (1)
- Corporate law (1)
- Demand response (1)
- Divestment (1)
- Dry Cask Storage (1)
- EPA (1)
- Energy law (1)
- Entrepreneurship (1)
- Environment (1)
- Environmental regulations (1)
- FERC (1)
- Federalism (1)
- Fiduciary duties (1)
- Green energy (1)
- ISO (1)
- Modularity (1)
- Nuclear Power (1)
- Nuclear Regulatory Commission (1)
- Nuclear Waste (1)
- Nuclear Waste Policy Act (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Preventing Emissions From Slipping Through The Cracks: How Collaboration On New Technologies To Detect Violations And Minimize Emissions Can Efficiently Enforce Existing Clean Air Act Regulations, Kathryn Caballero
Journal Articles
The link between air pollution and poor public health is well known and has been farther documented during the COVID-19 pandemic, 1 but EPA has outdated methods and rules to detect air emissions. Enforcing existing environmental regulations presents challenges because the detection and monitoring technologies identified in the regulations, or the regulation language itself, may not sufficiently identify environmental pollution, let alone complex environmental fraud. How can EPA best use new technologies and concepts to detect violations, with the intent of minimizing emissions, to improve human health and environmental outcomes during the lengthy process of drafting and publishing new regulations? …
The New Nuclear? Small Modular Reactors And The Future Of Nuclear Power, Bruce R. Huber
The New Nuclear? Small Modular Reactors And The Future Of Nuclear Power, Bruce R. Huber
Journal Articles
Nuclear power has struggled against severe economic headwinds, but some believe that small
modular reactors (SMRs) may save the industry from its current woes. This article begins by explaining the regulatory and economic structure of the electricity sector in the United States. It then describes the current plight of the nuclear power industry before examining SMRs in particular—how they differ from conventional nuclear reactors, what regulatory issues they will confront, and what factors will most directly shape their long-term potential.
Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster
Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster
Journal Articles
Despite worsening climate change threats, investment in energy — in the United States and globally — is dominated by fossil fuels. This Article provides a novel analysis of two pathways in corporate and securities law that together have the potential to shift patterns of energy investment.
The first pathway targets current investments and corporate decision-making. It includes efforts to influence investors to divest from owning shares in fossil fuel companies and to influence companies to address climate change risks in their internal decision-making processes. This pathway has received increasing attention, especially in light of the Paris Agreement and the Trump …
Checks, Balances, And Nuclear Waste, Bruce R. Huber
Checks, Balances, And Nuclear Waste, Bruce R. Huber
Journal Articles
The Nuclear Waste Policy Act of 1982 established a process for siting and constructing repositories for nuclear waste. When Nevada’s Yucca Mountain emerged as a likely repository site, that state’s officials and allies exercised the numerous political and legal checks afforded by the Act and appear, at least for the time being, to have defeated the selection. But Nevada’s victory may well be the nation’s loss. In the absence of a national waste repository, nuclear power plant operators have no choice but to store spent nuclear fuel on site, where it presents a number of risks not contemplated by the …
Demand Response And Market Power, Bruce R. Huber
Demand Response And Market Power, Bruce R. Huber
Journal Articles
In her article, Bypassing Federalism and the Administrative Law of Negawatts, Sharon Jacobs educates her readers about the concept of demand response, and then describes its propagation in recent years while making the broader argument that the Federal Energy Regulatory Commission (“FERC”) — the federal government’s principal energy regulator — has engaged in a strategy of “bypassing federalism” that may entail more costs than benefits. Professor Jacobs is right to call attention to demand response and to FERC’s approach to matters of jurisdictional doubt. While I share many of her concerns about boundary lines in a federal system, I argue …
Green Harms Of Green Projects, John C. Nagle
Green Harms Of Green Projects, John C. Nagle
Journal Articles
This article describes the recent development of renewable energy to examine environmental law’s three contrasting approaches to the green harms of green projects. Sometimes the law allows the green benefit regardless of the green harm. Sometimes the law prohibits the green harm regardless of the green benefit. And sometimes the law allows a balancing of all of the harms and benefits, green or not. Given these options, I argue that the law should not ignore or understate green harms even if they are caused by green projects. There are some types of green harms that no benefit can justify. But …