Monopoly regulated utilities operate under a duty to serve - they must provide service on a non-discriminatory basis to all who request it within their state-sanctioned monopoly territory. As climate change alters the conditions of the natural world, utilities will find themselves in the...

This article focuses on legal developments since mid-2011 relating to the control of both carbon dioxide (CO2) and conventional pollutants from coal-fired electric power plants. It deals as briefly as possible with pre-2011 issues that are discussed in the author's numerous publications over the...

This article deals with Clean Air Act (CAA) legal developments since mid-2010 relating to the control of greenhouse gases (GHGs). It briefly covers federal domestic legislative proposals and then focuses on the regulation of carbon dioxide (CO2) based on the Clean Air Act. It covers GHG...

Climate change, security and cost of energy supplies, and the competitiveness of firms and economies have been focal points of the general political and economic policy debate in recent years. This article examines the choices in this field made at global level with the Kyoto Protocol and in...

Domestic laws are the ideal legal instrument to regulate the mining sector’s contribution to climate change mitigation and adaptation. Even so, as a stop-gap-measure, governments may consider updating model mining development agreements (MMDAs) or negotiating climate­-related contractual...

Recent advances in technology and the consequent decline in manufacturing costs are making energy storage systems a central element of energy and climate change policy debates across the nation. Energy storage systems have the potential to provide many benefits such as lower electricity prices...

It is almost certain that the US Congress is going to pass some kind of comprehensive climate change legislation that in some fashion will have mandatory limits or costs for the production of Carbon Dioxide. How this legislation is constructed will have enormous impacts on the economy and the...

The construction of new power plants in the United States carries the risk of significantly contributing to global climate change. After concluding that the current federal regulatory response to climate change risks from power plants is inadequate, this Article examines three potential roles...

This paper describes the challenges victims, insurers and governments face in dealing with insurance for low-probability high-consequence events in both developed and developing economies. In developed economies, given their limited experience with catastrophes, there is a tendency for all three...

Personal choices drive global warming nearly as much as institutional decisions. Yet, policymakers overwhelmingly target large-scale industrial facilities for reductions in carbon emissions, with individual and household emissions a mere afterthought. Recent advances in behavioral economics,...