This is a review of lt;igt;The Limits of Competition Law: Markets and Public Serviceslt;/igt; (Oxford 2005), by Tony Prosser, a Professor of Public Law at the University of Bristol, England. When competition laws and other public service principles are in tension, can courts avoid a collision or...

Over the past half century, energy law has endured many stranded cost experiments, each helping firms and customers adjust to a new normal. However, these past experiments have contributed to a myopic regulatory approach to past stranded cost recovery by: (1) endorsing a preference for...

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 aggressive approaches to regulating carbon emissions and renewable and clean...

Like many fields, energy law has had its ups and downs. A period of remarkable activity in the 1970s and early 1980s focused on the efficiencies arising from deregulation of energy markets, but the field attracted much less attention during the 1990s. In the last decade, a new burst of activity...

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...

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 evaluates whether the Federal Energy Regulatory Commission (FERC) has a legal basis for regulating customer net metering. It concludes that, under existing law, the statutory and regulatory foundations for any federal regulation of net metering are weak. Nothing in federal law...

This essay responds to claims that the quot;newquot; nondelegation doctrine, applied by D.C. Circuit Judge Stephen Williams in American Trucking Association, Inc. v. EPA, 175 F.3d 1027 (D.C. Cir. 1999), advances the rule of law. The Supreme Court has generally favored ex post over ex ante...

This chapter addresses the interaction between public choice and legal issues in the energy industry. The extent to which the interaction between private stake holders and governmental actors in the energy industry reflects self-interest rather than sound economic policy was studied by public...