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Assessing the State of State Constitutionalism
(Michigan Law Review, 2011)
State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the academic literature. This review essay discusses Robert Williams’s ...
Electric Power Resource "Shuffling" and Subnational Carbon Regulation: Looking Upstream for a Solution
(San Diego Journal of Climate & Energy Law, 2014)
"Resource shuffling" occurs when different subnational approaches to carbon regulation create variations in the costs of production across jurisdictions. California is the most aggressive jurisdiction in the United States ...
Supply and Demand: Barriers to a New Energy Future
(Vanderbilt Law Review, 2012)
Like many fields, energy law has had its ups and downs. A period of remarkable activity in the 1970s and early 1980s focused on the efficiencies arising from deregulation of energy markets, but the field attracted much ...
Agency Coordination in Shared Regulatory Space
(Harvard Law Review, 2012)
This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share ...
Federal Preemption and Clean Energy Floors
(North Carolina Law Review, 2013)
Federal policies regarding renewable and clean energy often lack clear definition, are incomplete, and are scattered across multiple statutes and agencies. Yet at the same time, recent decisions of both federal agencies ...
The Limits of a National Renewable Portfolio Standard
(Connecticut Law Review, 2010)
In this Commentary Article, Professor Rossi highlights some of the distributional and operational problems presented by a national renewable portfolio standard ("RPS") in electric power. He also offers several solutions ...
Good for You, Bad for Us: The Financial Disincentive for Net Demand Reduction
(North Carolina Law Review, 2013)
This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of their product — and introduces the concept of net demand reduction (“NDR”) as a ...
Of Dialogue--And Democracy--In Administrative Law
(Columbia Law Review Sidebar, 2012)
Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...
Clean Energy and the Price Preemption Ceiling
(San Diego Journal of Climate & Energy Law, 2012)
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 ...
Siting Transmission Lines in a Changed Milieu: Evolving Notions of the "Public Interest" In Balancing State and Regional Considerations
(University of Colorado Law Review, 2010)
This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines to serve renewable resources, and how states could approach its evolution in order to preserve a ...