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The Brave New Path of Energy Federalism
(Texas Law Review, 2016)
For much of the past 80 years courts have fixated on dual sovereignty as the organizing federalism paradigm under New Deal era energy statutes. Dual sovereignty’s reign emphasized a jurisdictional “bright line,” with a ...
Constrained Regulatory Exit in Energy Law
(Duke Law Journal, 2018)
In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
Reconstituting the Federalism Battle in Energy Transportation
(Harvard Environmental Law Review, 2017)
This article explores the growing federalism tensions in efforts to expand the nation’s energy transportation infrastructure — the electric transmission lines, natural gas pipelines, natural gas import and export terminals ...
Keynote: Motivating Private Climate Governance
(Arkansas Law Review, 2018)
In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: ...
An Alternative to Ready, Fire, Aim
(Kentucky Law Journal, 1996)
The turbulence of the environmental debate over the last decade suggests that the command and control system may not provide viable solutions to the remaining environmental problems. The incrementalism
that has characterized ...
Micro-Offsets and Macro-Transformation
(Harvard Environmental Law Review, 2009)
We have been asked to examine climate change justice by discussing the methods of allocating the costs of addressing climate change among nations. Our analysis suggests that climate and justice goals cannot be achieved by ...
From Smokestack to SUV
(Vanderbilt Law Review, 2004)
A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the ...
The New Wal-Mart Effect
(UCLA Law Review, 2007)
This Article argues that networks of private contracts serve a public regulatory function in the global environmental arena. These networks fill the regulatory gaps created when global trade increases the exploitation of ...
Macro-Risks
(Duke Environmental Law & Policy Forum, 2010)
Drawing on the recent financial crisis, we introduce the concept of macro-risk. We distinguish between micro-risks, which can be managed within conventional economic frameworks, and macro-risks, which threaten to disrupt ...
Individual Carbon Emissions
(UCLA Law Review, 2008)
The individual and household sector generates roughly 30 to 40 percent of U.S. greenhouse gas emissions and is a potential source of prompt and large emissions reductions. Yet the assumption that only extensive government ...