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Energy and Utilities Law Commons™

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2012

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Institution
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Articles 121 - 130 of 130

Full-Text Articles in Energy and Utilities Law

Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank Jan 2012

Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank

University of Richmond Law Review

The U.S. Supreme Court by an equally divided vote offour to four affirmed the Second Circuit's decision finding standing and jurisdiction in the case in American Electric Power Co. v. Connecticut. While not binding as precedent beyond the Second Circuit,the case offers clues to how the Court is likely to rule in future standing cases. This article discusses the likely identities of the four Justices on each side of the standing issue in the case, as well as how Justice Sotomayor might have voted if she had not recused herself. Furthermore, the article examines how the decision expand- ed on …

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Global Public Goods, Governance Risk, And International Energy, Timothy L. Meyer Jan 2012

Global Public Goods, Governance Risk, And International Energy, Timothy L. Meyer

Scholarly Works

Scholars and commentators have long argued that issue linkages provide a way to increase cooperation on global public goods by increasing participation in global institutions, building consensus, and deterring free-riding. In this symposium article, I argue that the emphasis on the potential of issue linkages to facilitate cooperation in these ways has caused commentators to underestimate how common features of international legal institutions designed to accomplish these aims can actually undermine those institutions’ ability to facilitate cooperation. I focus on two features of institutional design that are intended to encourage participation in public goods institutions but can create the risk …

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Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon Jan 2012

Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use tools and techniques have impressive potential to reduce energy consumption, improve the economy, and mitigate climate change. This article explores the little understood influence of local land use decision-making on energy conservation and sustainable development and how it can mitigate climate change if properly assisted by the federal and state governments. The construction and use of buildings combined with extensive vehicular travel throughout the nation’s human settlements consume large amounts of energy, and much of that consumption is highly inefficient. By enforcing and enhancing energy codes, encouraging the use of combined heat and power and district energy systems, …

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Energy And Environmental Justice: How States Can Integrate Environmental Justice Into Energy-Related Proceedings, James M. Van Nostrand Jan 2012

Energy And Environmental Justice: How States Can Integrate Environmental Justice Into Energy-Related Proceedings, James M. Van Nostrand

Catholic University Law Review

No abstract provided.

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Clean Energy And The Price Preemption Ceiling, Jim Rossi Jan 2012

Clean Energy And The Price Preemption Ceiling, Jim Rossi

Vanderbilt Law School Faculty Publications

Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices determined under federal standards. Recent decisions treat prices that meet the federal standard as a preemption ceiling, which prohibits states from setting prices that exceed the wholesale price set in a competitive market. Both appellate courts and the Federal Energy Regulatory Commission - the primary federal agency responsible for the electric power sector - have recently applied a price preemption ceiling to clean energy policies. I argue in this Article that this price ceiling preemption approach hobbles the advancement of …

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Introductory Remarks: International Energy Governance, Lakshman Guruswamy Jan 2012

Introductory Remarks: International Energy Governance, Lakshman Guruswamy

Publications

No abstract provided.

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Can We Regulate Our Way To Energy Efficiency? Product Standards As Climate Policy, Noah M. Sachs Jan 2012

Can We Regulate Our Way To Energy Efficiency? Product Standards As Climate Policy, Noah M. Sachs

Law Faculty Publications

In this Article, I demonstrate that the regulatory strategy for energy efficiency is working. Although information disclosure, financial incentives, and other softer alternatives to regulation play a vital role in reducing energy demand, these should be viewed as complements to efficiency regulation, rather than replacements. The regulatory approach has led to substantial cost and energy savings in the past, it has enjoyed bipartisan political support, and it targets products and behaviors that are difficult to address through other policy tools. Given the politics of climate change in the United States, which make federal carbon taxes or a cap-and-trade system infeasible, …

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Energy Policy: Past Or Prologue?, Michael J. Graetz Jan 2012

Energy Policy: Past Or Prologue?, Michael J. Graetz

Faculty Scholarship

The United States was remarkably complacent about energy policy until the Arab oil embargo of 1973. Since then, we have relied on unnecessarily costly regulations and poorly designed subsidies to mandate or encourage particular forms of energy production and use. Our presidents have quested after an elusive technological “silver bullet.” Congress has elevated parochial interests and short-term political advantages over national needs. Despite the thousands of pages of energy legislation enacted over the past four decades, Congress has never demanded that Americans pay a price that reflects the full costs of the energy they consume. Given our nation’s economic fragility, …

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Virtual "Nets" And Law: Power Navigates The Supremacy Clause, Steven Ferrey Jan 2012

Virtual "Nets" And Law: Power Navigates The Supremacy Clause, Steven Ferrey

Suffolk University Law School Faculty Works

Net metering is the most utilized state incentive for renewable power nationwide, in place in more than eighty-five percent of all states. Utilities in all states have been required by federal law for the past seven years to make net metering available to all requesting customers. Yet a significant number of states have failed to comply with this federal law, and several other states have complied in a manner that has raised questions as to whether they have violated the Constitution's separation between state and federal jurisdiction over power. This article will not delve into the first issue of noncompliance …

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Efficiency In The Regulatory Crucible: Navigating 21st Century ‘Smart’ Technology And Power, Steven Ferrey Jan 2012

Efficiency In The Regulatory Crucible: Navigating 21st Century ‘Smart’ Technology And Power, Steven Ferrey

Suffolk University Law School Faculty Works

The flow of money in U.S. energy policy choices has consequences, and the Obama administration’s 2009 federal stimulus package presents an interesting policy scenario. The current administration wants to pivot postindustrial America away from emitting global-warming gases and powering its economy with fossil fuels. Indeed, changing the energy technology and infrastructure of the United States has been the cornerstone of the Obama administration’s domestic policy. The federal government devoted significant amounts of stimulus funding to this agenda. It also maintained preferences for certain investments in energy efficiency and renewable energy through the tax code. A change of this significance revolving …

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