Law Commons^™

Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman

Washington Law Review

This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities’ role in decarbonization. To those focused on rapid build-out of renewable energy infrastructure, communities are a potential threat who could slow or derail renewable energy projects through opposition during the regulatory process. To those focused on leveraging the transition to clean energy to advance racial and economic justice, communities are necessary partners in the key decisions …

Tightening The Legal ‘Net’: The Constitution’S Supremacy Clause Straddle Of The Power Divide, Steven Ferrey

Michigan Journal of Environmental & Administrative Law

This article analyzes Constitutional Supremacy Clause tensions in preempting state law that addresses climate change and the rapid warming of the Planet. Net metering laws, enacted in 80% of U.S. states, are a primary legal mechanism to control and mitigate climate warming. This article analyzes three recent federal court decisions creating a preemptive Supremacy Clause stand-off between federal and state law and presents a detailed state-by-state analysis of which those 80% of states’ laws could be preempted by legal challenge.

If state net metering laws affected only ordinary technologies, this issue would not be front and center with global warming. …

Held V. State, Alec D. Skuntz

Public Land & Resources Law Review

On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …

Covid-19'S Impact On Renewable Energy, Joel B. Eisen

Law Faculty Publications

"In keeping with this Symposium's focus on accelerating clean energy growth and nations' ability to meet climate goals, this Article examines recent trends during the COVID-19 pandemic that at least temporarily set back the pace of growth, although conditions have rebounded somewhat since a disastrous spring of 2020. This Article supports several near-term policy prescriptions aimed at promoting a speedier return to the upward trajectory renewable energy enjoyed before the pandemic. These include extending the tax policies that support renewables beyond their short-term extensions in pandemic relieflegislation and establishing robust programs to help workers in renewable energy industries who have …

Cities Climate Law: A Legal Framework For Local Action In The U.S., Amy E. Turner, Michael Burger

Sabin Center for Climate Change Law

In the last several years, cities around the world have taken on a leading role in advancing policy to reduce greenhouse gas emissions. In the United States, dozens of cities have set goals targeting ambitious greenhouse gas emission reductions by a date certain (80% or "net zero" by 2050 are common formulations), and many more have pledged to achieve a 100% renewable or carbon-free energy supply.

Many U.S. cities are still determining the policies that would best achieve their climate commitments. In addition to political, financial, and technical considerations, these cities must consider how to structure their policies to comport …

How Biden’S Environmental Policies Will Affect New York, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

As this column has previously discussed, President Joe Biden’s environmental policies are a sharp reversal of those of former President Donald Trump. Today’s column spotlights how this change will affect New York state and New York City.