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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 ...
Dynamic Incorporation of Federal Law
(Ohio State Law Journal, 2016)
This Article provides a comprehensive analysis of state constitutional limits on legislative incorporation of dynamic federal law, as occurs when a state legislature incorporates future federal tax, environmental or health ...
FERC v. EPSA and Adjacent State Regulation of Customer Energy Resources
(Harvard Environmental Law Review, 2016)
This Essay explores the implications of the U.S. Supreme Court's decision in FERC .v. EPSA for state regulation of customer energy resource initiatives, such as net metering policies for rooftop solar and energy storage ...