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Articles 1 - 4 of 4
Full-Text Articles in Law
Decarbonization In Democracy, Shelley Welton
Decarbonization In Democracy, Shelley Welton
All Faculty Scholarship
Conventional wisdom holds that democracy is structurally ill-equipped to confront climate change. As the story goes, because each of us tends to dismiss consequences that befall people in other places and in future times, “the people” cannot be trusted to craft adequate decarbonization policies, designed to reduce present-day, domestic carbon emissions. Accordingly, U.S. climate change policy has focused on technocratic fixes that operate predominantly through executive action to escape democratic politics — with vanishingly little to show for it after a change in presidential administration. To help craft a more durable U.S. climate change strategy, this Article scrutinizes the purported …
The Quiet Undoing: How Regional Electricity Market Reforms Threaten State Clean Energygoals, Danny Cullenward, Shelley Welton
The Quiet Undoing: How Regional Electricity Market Reforms Threaten State Clean Energygoals, Danny Cullenward, Shelley Welton
All Faculty Scholarship
In a series of largely unnoticed but extremely consequential moves, two regional electricity market operators are pursuing reforms to make it more difficult for states to achieve their clean energy goals. The federal energy regulator, FERC, has already approved one such reform and ordered a second market operator to go farther in punishing state-supported clean energy resources than it had initially proposed. This disturbing trend highlights a shift in energy governance that threatens to destabilize the field’s delicate cooperative federalist model. Over the past several decades, states have increasingly ceded control over energy dispatch and grid planning to private market …
The Ecological Advantages Of Nuclear Power, Fred P. Bosselman
The Ecological Advantages Of Nuclear Power, Fred P. Bosselman
All Faculty Scholarship
Major electric utilities are deciding whether to build nuclear power plants. How will their decision affect ecological processes and systems, both in the United States and globally? The article makes three arguments: (1) if nuclear power plants are not built, the gap will be filled by more coal-fired power plants; (2) the impact of coal-fired power plants on ecological processes and systems is likely to be increasingly disastrous; and (3) nuclear power’s ecological impacts are likely to be neutral or even positive.
Planning For A Bull Market For Wetlands, Fred P. Bosselman
Planning For A Bull Market For Wetlands, Fred P. Bosselman
All Faculty Scholarship
Until recently, wetlands had value in the marketplace only as targets for destruction. Today, wetlands often have market value for uses that do not require that they be dredged and filled. Such opportunities include: 1. Carbon storage offsets for greenhouse gas emissions; 2. Mitigation banks for destruction of other wetlands; 3. Conservation banks for wildlife protection; 4. Tradable water quality protection rights; 5. Sites for growing algae or other biofuel crops. These new uses have valid public benefits, but most laws and ordinances were not written with these possibilities in mind. Planners and lawyers need to think about ways to …