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Carbon Taxation by Regulation
(Minnesota Law Review, 2017)
This Article argues that, even though a carbon tax remains politically elusive, “carbon taxation by regulation” has begun to flourish as a way of financing carbon reduction. For more than a century, energy rate setting has ...
"Maladaptive" Federalism: The Structural Barriers to Coordination of State Sustainability Initiatives
(Case Western Law Review, 2014)
While the federal government has been slow to address problems such as climate change, many states have adopted innovative approaches to address the climate impact of using natural resources to produce energy, including ...
Revitalizing Dormant Commerce Clause Review for Interstate Coordination
(Minnesota Law Review, 2015)
Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as ...