Journal Article

Energy Regulation Federal Energy Regulation Journal Article State Energy Regulation

Prospective Grandfathering: Anticipating the Energy Transition Problem

This article identifies tools available to the government ex ante that will preserve regulatory flexibility in the future by forestalling regulatory takings claims and blunt the fairness concerns that fuel takings arguments, and argues for their adoption in the context of natural gas regulation.

Christopher Serkin and Michael VandenberghAugust 22, 2017

Adaptation as Risk Management Journal Article Risk Management

A Proposal for Amending Administrative Law to Facilitate Adaptive Management

This article examines how federal agencies use adaptive management, proposes changes to administrative law to allow it to adapt to adaptive management, and provides draft legislation to incorporate adaptive management.

J.B. Ruhl, Robin Kundis Craig, Eleanor Brown and Byron WilliamsJuly 10, 2017

Adaptation as Risk Management Journal Article Private Governance Risk Management

Lamarck Revisited: The Implications of Epigenetics for Environmental Law

This article explores how epigenetics, the interaction between genes and the environment in which there is a non-gene mutating, but still chemically altering effect from exposure, presents novel challenges for chemical regulatory regimes in the U.S. because chemical substances that don't cause mutations are not typically regulated for their potential…

Michael Vandenbergh, David Vandenbergh and John VandenberghMay 25, 2017

Journal Article Risk Management

Beyond Zero-Sum Environmentalism

This set of essays discusses the meaning and role of "zero-sum environmentalism," the idea that environmental regulation demands tradeoffs in which one side loses for the other to win, in order to begin moving beyond that framework.

J.B. Ruhl and OthersMay 8, 2017

Energy Regulation Environmental Justice Federal Energy Regulation Journal Article Risk Management State Energy Regulation

Carbon Taxation by Regulation

This article argues that non-tax subsidies in energy rates have potential to promote low-carbon sources of energy while balancing broader economic and social welfare goals

Jim RossiMarch 20, 2017

Adaptation as Risk Management Journal Article Risk Management

Legal and Institutional Foundations of Adaptive Environmental Governance

This article discusses the current and potential role of law in enabling adaptation, applied to different social-ecological settings

J.B. Ruhl, Daniel DeCaro, Brian Chaffin, Edella Schlager and Ahjond GarmestaniMarch 17, 2017

Adaptation as Risk Management Journal Article Risk Management

The Role of Law in Adaptive Governance

This article identifies aspects of frameworks for adaptive governance and guidelines for evaluating the role of law in environmental governance.

J.B. Ruhl and OthersMarch 1, 2017

Journal Article

The New Politics of New Property and the Takings Clause

This article presents a broad gloss on the traditional politics of property protection (liberals like broad regulatory power, conservatives strong private property protection) and then identifies ways these politics have been changing.

Christopher SerkinJanuary 1, 2017

Financial Regulation Journal Article

Stranded Costs and Grid Decarbonization

This article addresses reforms to the approach to stranded cost compensation for investor risks, including recommending consideration of stranded costs at the outset rather than after investment decisions are made.

Jim Rossi and Emily HammondOctober 20, 2016

Energy Regulation Federal Energy Regulation Journal Article State Energy Regulation

Reconstituting the Federalism Battle in Energy Transportation

This article explores federalism issues in energy transportation infrastructure, including pipelines and transmission lines, and evaluates reforms to approval processes for energy transport projects that can result in a more efficient process that leads to more rapid integration of new energy resources and technologies.

Alexandra Klass and Jim RossiSeptember 7, 2016

Prospective Grandfathering: Anticipating the Energy Transition Problem

A Proposal for Amending Administrative Law to Facilitate Adaptive Management

Lamarck Revisited: The Implications of Epigenetics for Environmental Law

Beyond Zero-Sum Environmentalism

Carbon Taxation by Regulation

Legal and Institutional Foundations of Adaptive Environmental Governance

The Role of Law in Adaptive Governance

The New Politics of New Property and the Takings Clause

Stranded Costs and Grid Decarbonization

Reconstituting the Federalism Battle in Energy Transportation

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