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Open Access. Powered by Scholars. Published by Universities.®

2014

Energy and Utilities Law

Federalism

Amy L. Stein

Articles 1 - 2 of 2

Full-Text Articles in Law

Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein Dec 2014

Reconsidering Regulatory Uncertainty: Making A Case For Energy Storage, Amy L. Stein

Amy L. Stein

This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be a game-changer for many facets of our grid, providing better integration of renewable energy, enhanced reliability, and reduced use of carbon-intensive fuels. Energy storage faces a number of obstacles, however, including technological, financial, and regulatory uncertainty. This Article focuses on the regulatory uncertainty, and defends the proposition that not all regulatory uncertainty is created equal. It argues for differential treatment of this uncertainty, depending on its context, scope, and source, and …


The Tipping Point Of Federalism, Amy L. Stein Dec 2014

The Tipping Point Of Federalism, Amy L. Stein

Amy L. Stein

As the Supreme Court has noted, “it is difficult to conceive of a more basic element of interstate commerce than electric energy, a product that is used in virtually every home and every commercial or manufacturing facility. No state relies solely on its own resources in this respect.” And yet, the resources used to generate this electricity (e.g., coal, natural gas, or renewables) are determined largely by state and local authorities through their exclusive authority to determine whether to approve construction of a new electricity generation facility. As the nation finds itself faced with important decisions that directly implicate the …