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...

This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment...

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...

One of the overarching goals of the future energy system is to use less energy and to use it more efficiently. In order to meet this goal, the United States must use less electricity more efficiently because electricity makes up 40% of total U.S. energy consumption. Moreover, buildings account...

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...

In order to meet the Paris Agreement climate goals and spurred by increasing concern over the adverse impacts of climate change, governments and organizations around the world are calling for the transition and transformation of the energy sector away from fossil fuel extraction and toward...

This Article is about “local power.” We use that term in two distinct but complementary ways. First, local power describes the authority of local governments to en-act regulatory policies in the interests of their citizens. Second, local power describes the authority of local governments to...

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...