The Environmental Protection Agency's (EPA) Clean Power Plan (CPP) is one of the most controversial and highest-stake rules ever issued by any agency. Proponents of the rule maintain that it is essential to mitigating the potentially devastating effects of climate change. Opponents, by contrast,...

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...

This textbook for law and business school courses is organized roughly chronologically, according to the periods in history within which energy-related issues arose. Economic and environmental issues are integrated with energy resource issues: energy policy, energy in nature, the concept of a...

The electric power sector is facing significant new economic and regulatory pressures that are changing the electric generation mix. In this chapter in the forthcoming book Global Climate Change and U.S. Law, we examine the regulation of fuels used for electric power generation, focusing on...

Despite the prevailing focus of administrative law on judicial review of agency discretion, scholars are increasingly asking what we can learn about agency discretion in the absence of judicial review. Indeed, such work prompts a reexamination of administrative law and our assumptions about...