This Article considers the role of property rights in efforts to sequester underground hundreds of millions of tons of carbon dioxide (CO2) per year from power plants and other industrial facilities in order to mitigate climate change. This technology, known as carbon capture and sequestration...

The Food Quality Protection Act of 1996 was heralded with great expectations as a means to increase protection for children from the adverse effects of pesticides. However, its implementation has not yet created a sufficient structure to significantly protect children from harmful pesticide...

This Article explores the public policy benefits associated with increased access to energy consumption data as well as the legal and institutional barriers that currently prevent such access. As state and local governments as well as electricity users attempt to improve the efficiency of their...

The fossil fuel industry has filed an increasing number of dormant Commerce Clause lawsuits to overturn actions by coastal states and cities rejecting proposals for new coal and oil export facilities in their jurisdictions. These lawsuits are creating a wholly new “law of energy exports”...

This Article examines the growing opposition to the use of eminent domain for energy transport projects such as oil pipelines, gas pipelines, and electric transmission lines. Such projects were protected from the state legislative reforms that restricted eminent domain following the Supreme...

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 interstate oil pipelines and high-voltage, interstate electric...

This Article discusses current challenges to siting new electric transmission infrastructure to facilitate the growth of renewable energy. In doing so, this Article focuses on recent legal and policy developments at the federal, state, and regional levels with a specific emphasis on states with...

This Article explores the role of the public trust doctrine in current efforts to site large-scale wind and solar projects on public and private lands. Notably, both proponents and opponents of such renewable energy projects have looked to the public trust doctrine to advance their goals....

This Article explores the history of natural resources law and pollution control law to provide insights into current efforts by states to create wind easements, solar easements, and other property rights in the use of or access to renewable resources. Development of these resources is critical...