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Full-Text Articles in Law
Evolving Energy Federalism: Zero Emissions Credits And Opportunities In State Energy Policy, Matt Flaherty
Evolving Energy Federalism: Zero Emissions Credits And Opportunities In State Energy Policy, Matt Flaherty
San Diego Journal of Climate & Energy Law
Courts traditionally view regulation of the energy sector as a dual federalism framework in which a “bright line” separates sovereignty of the states from the power reserved to federal regulators. In particular, the Federal Power Act (FPA) grants the Federal Energy Regulatory Commission (FERC) authority over wholesale electricity markets. Courts generally interpret this authority over wholesale markets as exclusive, which ensures the federal government and states occupy different fields of the electric industry. States retain authority in fields that bookend FERC’s power over wholesale markets— electric power generation on one side and retail sales of electricity on the other…
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State Climate Actors Under The Federal Power Act: A 2017 Fpa Update, Guidance, And Solution, Ian Kearney
State Climate Actors Under The Federal Power Act: A 2017 Fpa Update, Guidance, And Solution, Ian Kearney
San Diego Journal of Climate & Energy Law
Climate change poses the greatest single threat to nearly every being on this planet. It is the result of many factors, but anthropogenic emissions of carbon and other greenhouse gasses (GHGs) are among the largest contributors to climate change. Though many sources emit anthropogenic GHGs, the energy sector is the largest global emitter of any economic sector. As such, the energy sector has come under particular scrutiny as it relates to climate change policy.
Today in the United States, state climate action is as prevalent as ever. However, the federal government’s environmental progress under the Obama Administration has come to …