Energy, Consumption, and the Amorality of Energy Law

This essay explores the connection between energy consumption and energy law and policy. It argues that the energy law and policy system is configured to promote consumption, almost blindly, so that energy seems nearly infinite and invisible to consumers. This regulatory structure thus creates a kind of amorality for energy consumers. That is, when individuals choose to consume power, those decisions are divorced from their consequences. The essay relies on Pope Francis\u27s encyclical on climate change, Laudato Si\u27, to build its argument, and offers observations about the importance of COP21 in Paris to transform how energy is produced and consumed

Assured Water Supply Laws in the Sustainability Context

By juxtaposing five western states’ existing assured supply laws, this Article provides a preliminary assessment of whether, and how, assured supply laws can best promote sustainability—and, by extension, make at least one area of environmental law more like sustainability law. The Article reaches three principal conclusions. First, it finds that, as they appear to, assured supply laws in fact promote sustainability. Second, the extent to which assured supply laws likely promote sustainability greatly varies by state, because these laws’ policy designs also depend on the state of enactment. Finally, additional work is needed to provide a more concrete assessment of how effective assured supply laws are, both in general and in the context of sustainability. The Article proceeds in three parts. Part I briefly introduces assured supply laws, including how they function, rationales offered for their adoption, and their apparent benefits and costs. Part II places these laws in a sustainability context, attempting to reformulate how we think of assured supply laws from a sustainability, rather than a traditional environmental, vantage. Part III concludes by contrasting five state regimes through the lens of a possible model for sustainability law. Part III shows that assured supply design very much matters for how well the laws promote sustainability

State Renewable Portfolio Standards: Is There a Race and Is it To the Top ?

This Article proceeds in six parts. Part II offers a primer on RPSs, describing RPSs primary traits, how the laws are designed, why they are enacted, and how that relates to regulatory races. Part III overviews the literature on regulatory races, contrasting races to the bottom with races to the top. Part IV conceptualizes how state enactments of RPSs might be viewed as a race to the top. Part V examines evidence on whether RPSs can in fact be understood as a regulatory race. Using this evidence, Part V determines that state RPSs do not appear to be trending toward generally more stringent laws, and then briefly assesses the implications of that finding. Perhaps most important, the lack of an RPS race to the top leaves room for federal action on renewable energy. Part VI concludes

Eulogizing Renewable Energy Policy

Across the globe, renewable energy policy is changing. The change is coming so quickly that it appears the world is now on the cusp of a new future. The renewable energy policy of the past is on its way out; a new and different policy is taking its place. That new policy has different end goals, implementing mechanisms, and strategies than its predecessors. This is not just policy evolution but a policy revolution. The labels of the past soon no longer will apply because they are being merged and blurred — and replaced. Using the U.S. electricity sector as its primary lens, this paper traces the historical arc of renewable energy policy, identifies four factors driving the ongoing policy revolution, and then explores likely paths forward — and lessons learned — for renewables policy. In so doing, the paper provides an important overview of both the past and future of renewable energy policy

State Renewable Portfolio Standards: Is There a Race and Is it To the Top ?

This Article proceeds in six parts. Part II offers a primer on RPSs, describing RPSs primary traits, how the laws are designed, why they are enacted, and how that relates to regulatory races. Part III overviews the literature on regulatory races, contrasting races to the bottom with races to the top. Part IV conceptualizes how state enactments of RPSs might be viewed as a race to the top. Part V examines evidence on whether RPSs can in fact be understood as a regulatory race. Using this evidence, Part V determines that state RPSs do not appear to be trending toward generally more stringent laws, and then briefly assesses the implications of that finding. Perhaps most important, the lack of an RPS race to the top leaves room for federal action on renewable energy. Part VI concludes