By Samantha Caravello—November 17 at 7:26 a.m. Acting as laboratories for energy policy, some states have been much more effective than the federal government in promoting renewable energy development, often through the enactment of Renewable Portfolio Standards (“RPS”). RPSs require electricity-selling companies to generate a minimum percentage of their electricity from … [Read more...] about Upholding Clean Energy in Colorado—and Hopefully Beyond
By Sachin Desai -- Oct. 24, 2013 at 8:18am What makes the Smart Grid “smart”? Of course the technology plays a role. Grid-scale batteries allow renewable energy generators to be more competitive. New smart meters allow homeowners to know which appliances are energy hogs. However, what also makes the Smart Grid “smart” is legal in nature. In particular, a unique approach … [Read more...] about Smart Rules for the Smart Grid (HELR Podcast)
By Emily Hammond and David L. Markell Judicial review is considered an indispensible legitimizer of the administrative state. Not only is it a hallmark feature of the Administrative Procedure Act (“APA”), but the various standards of review reinforce democratic norms, promote accountability, and act as a check against arbitrariness. Unreviewable agency actions, therefore, must … [Read more...] about Administrative Proxies for Judicial Review: Building Legitimacy from the Inside-Out
By Joel B. Eisen This Article examines the “Smart Grid,” a set of concepts, technologies, and operating practices that may transform America’s electric grid as much as the Internet has done, redefining every aspect of electricity generation, distribution, and use. While the Smart Grid’s promise is great, this Article examines numerous key barriers to its development, including … [Read more...] about Smart Regulation and Federalism for the Smart Grid
By David Baake Since the New Deal era, the Supreme Court has interpreted the Spending Clause to permit Congress to use conditional grants to encourage state governments to take action that Congress could not require them to take. In National Federation of Independent Business v. Sebelius, the Supreme Court unexpectedly restricted this power, holding for the first time ever … [Read more...] about Federalism in the Air: Is the Clean Air Act’s “My Way or No Highway” Provision Constitutional After NFIB v. Sebelius?