In this contribution to a Yale Journal on Regulation tribute issue honoring Seventh Circuit Judge Richard Cudahy's distinguished career, we explore his energy law opinions. His opinions addressing energy issues elaborate on two recurring themes in U.S. energy law: judicial humility and deference...

This amicus brief was filed in the Federal Energy Regulatory Commission v. Electric Power Supply Association energy law demand response case (and companion case brought by EnerNOC and others), which the U.S. Supreme Court will hear in fall 2015. It was co-authored by Joel Eisen (University of...

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) broad “deregulatory” efforts, which commenced in the 1990s, might...