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...

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...

The filed rate doctrine is a venerable doctrine of public utility regulation. Federal courts applying the doctrine frequently defer to the regulatory agency and refuse to consider the merits of alleged violations of antitrust, tort or contract claims where resolution would require a departure...

Linda Cohen and Matthew Spitzer's study, quot;The Government Litigant Advantage,quot; sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for regulatory and administrative law cases. By emphasizing how the...

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...

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 Article presents a case study of agency waiver procedures, based on the Federal Energy Regulatory Commission's (FERC's) regulations for qualifying power generation facilities under the Public Utility Regulatory Policies Act of 1978 (PURPA). After presenting a survey of the literature...