Global Public Goods, Governance Risk, And International Energy,
2012
University of Georgia School of Law
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 …
Tribal Energy Development: Renewables And The Problem Of The Current Statutory Structures,
2012
University of Tulsa College of Law
Tribal Energy Development: Renewables And The Problem Of The Current Statutory Structures, Judith Royster
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations,
2012
University of New Mexico-Main Campus
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.
Building- Related Renewable Energy And The Case Of 360 State Street,
2012
University of Connecticut School of Law
Building- Related Renewable Energy And The Case Of 360 State Street, Sara Bronin
Faculty Articles and Papers
This Article argues that a well-conceived policy approach to building-related renewable energy (“BRRE”) — that is, renewable energy incorporated into inhabited structures and used by those structures’ occupants — could transform the way we produce and consume energy by maximizing efficiency while simultaneously minimizing energy sprawl. The vast majority of Americans favor renewable energy, at least in concept. Yet private property owners still face significant obstacles in trying to incorporate renewable energy into their projects. This Article analyzes barriers faced by the project team for 360 State Street, an award-winning, mixed-use LEED® Platinum building in downtown New Haven, Connecticut. Among …
Preventing Atoms For Peace From Becoming Atoms Of Terror: The National Environmental Policy Act Is Not A Vehicle For Addressing Terrorism,
2012
The Catholic University of America, Columbus School of Law
Preventing Atoms For Peace From Becoming Atoms Of Terror: The National Environmental Policy Act Is Not A Vehicle For Addressing Terrorism, David D. Leege
Catholic University Law Review
No abstract provided.
Distributed Energy Resources, "Virtual Power Plants," And The Smart Grid,
2012
University of Richmond
Distributed Energy Resources, "Virtual Power Plants," And The Smart Grid, Joel B. Eisen
Law Faculty Publications
The specific focus of this Article is on the "virtual power plant" (VPP) concept, an intriguing idea that involves an aggregation of DERs to provide a "fleet" of resources that can serve as the functional equivalent of a traditional power plant. As the name suggests, this fleet of DERs can add up in the aggregate to the equivalent of a significant resource. Under certain conditions, this resource can be used on the grid (i.e., dispatched) much as a conventional power plant would be. This could reduce demand for fossil fuel-fired plants by enabling a utility to avoid generating electricity or …
Threading The Constitutional Needle With Care: The Commerce Clause Threat To The New Infrastructure Of Renewable Power,
2012
Suffolk University Law School
Threading The Constitutional Needle With Care: The Commerce Clause Threat To The New Infrastructure Of Renewable Power, Steven Ferrey
Suffolk University Law School Faculty Works
To date, the federal initiatives for renewable energy primarily focus on tax incentives and credits. State incentives comprise most of the other renewable energy incentives. Chief among these are Renewable Portfolio Standards (RPSs), feed-in tariffs, net metering, and system benefit charges/trust funds (SBCs). Government lacks the power to do anything it chooses. And this is especially true with the current state policy to build a new power infrastructure. The new energy infrastructure is all about renewable energy. Both SBC and RPS programs raise revenue by a charge reflecting the amount of power produced or transacted, and then distribute that revenue …
Faculty,
2012
Louisiana State University Law Center
Can Vermont Put The Nuclear Genie Back In The Bottle: A Test Of Congressional Preemptive Power?,
2012
Georgetown University Law Center
Can Vermont Put The Nuclear Genie Back In The Bottle: A Test Of Congressional Preemptive Power?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Even before the nuclear core meltdowns at the Fukushima Daiichi nuclear reactors in Japan re-stoked public anxiety about nuclear energy, Vermont’s Senate, under the auspices of Vermont Act No. 160, voted to block continued operation of Vermont Yankee Nuclear Power Plant after the expiration of its forty-year operating license. This article examines whether a state can legislatively override a permit issued by the Nuclear Regulatory Commission extending the license of a power plant. The author places this question within a broader federalism context, in which states assert their sovereign rights to regulate the environment in the shadow of federal mandates. …
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization,
2012
University of New Mexico
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Becoming Positive About Being Carbon Neutral:Requiring Public Accountability Forinternet Companies,
2012
Vanderbilt University Law School
Becoming Positive About Being Carbon Neutral:Requiring Public Accountability Forinternet Companies, Alexandra L. Pichette
Vanderbilt Journal of Entertainment & Technology Law
Every year, worldwide dependence on Internet and other information technology services grows. In many ways, the increased use of electric energy is positive for the environment; after all, using the Internet to access a document uses less energy than printing and distributing that document. Nonetheless, Internet companies expend a great deal of energy when they, for example, fire up their servers to satisfy a search request. Studies show that Internet companies are disproportionately large energy consumers, and are responsible for a growing number of carbon emissions. As a result, environmentalists are becoming concerned about the effects of these emissions on …
Enforcing The Nuclear Nonproliferation Regime: The Legality Of Preventive Measures,
2012
Vanderbilt University Law School
Enforcing The Nuclear Nonproliferation Regime: The Legality Of Preventive Measures, Cristian Defrancia
Vanderbilt Journal of Transnational Law
Efforts to limit the proliferation of nuclear weapons and nuclear-weapons-related technology have increasingly involved economic, technological, and military forms of coercion implemented in an environment of low-level conflict. Coercive counterproliferation measures have included a range of actions, including targeted economic sanctions, industrial sabotage, cyber attacks, targeted killings, and military strikes. While the nonproliferation obligations of states are well-established under relevant treaties, state practice, and the international monitoring system of the International Atomic Energy Agency (IAEA), norms relating to the enforcement of those obligations are not clearly defined in legal instruments. This Article reviews the legality of prevention and enforcement measures …
Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut,
2012
University of Cincinnati College
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 …
Can We Regulate Our Way To Energy Efficiency? Product Standards As Climate Policy,
2012
University of Richmond
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, …
Energy And Environmental Justice: How States Can Integrate Environmental Justice Into Energy-Related Proceedings,
2012
The Catholic University of America, Columbus School of Law
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.
Introductory Remarks: International Energy Governance,
2012
University of Colorado Law School
Introductory Remarks: International Energy Governance, Lakshman Guruswamy
Publications
No abstract provided.
Clean Energy And The Price Preemption Ceiling,
2012
Vanderbilt University Law School
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 …
Virtual "Nets" And Law: Power Navigates The Supremacy Clause,
2012
Suffolk University Law School
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 …
Efficiency In The Regulatory Crucible: Navigating 21st Century ‘Smart’ Technology And Power,
2012
Suffolk University Law School
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 …
Energy Policy: Past Or Prologue?,
2012
Columbia Law School
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, …
