Energy RegulationFederal Energy RegulationJournal ArticleState 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.
Adaptation as Risk ManagementJournal ArticlePrivate GovernanceRisk 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…
Energy RegulationFederal Energy RegulationJournal ArticleState 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.