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Stanford Law Review: FERC v. EPSA Functionalism and the Electricity Industry of the Future

In this new Essay, Guarini Center Fellow Matt Christiansen examines the Supreme Court’s recent decision in Federal Energy Regulatory Commission v. Electric Power Supply Association. Christiansen argues that the decision represents a deeply functional and pragmatic approach to the Federal Power Act.  That approach, he concludes, represents a promising development for the future of electricity […]

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Building Demand for Efficient Buildings: Insights from the EU’s Energy Disclosure Regime

Author: Danielle Spiegel-Feld In late 2014, Mayor Bill de Blasio proposed expanding the scope of New York City’s hallmark building energy disclosure law, Local Law 84, to cover midsized buildings. The proposed expansion could prove critical to the City’s pollution-reduction goals. Yet, without also addressing the means by which energy information is communicated, Mayor de […]

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Next Steps for the Paris Climate Agreement

Author: Amelia Linn In December 2015, 196 countries met in Paris, France for UNFCCC COP21 and adopted the Paris Agreement on climate change. While much of the attention surrounding the Paris Agreement has focused on the post-2020 period, the Paris Agreement could enter into force much sooner–possibly by the end of 2016. In this brief, […]

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Allocating the Economic Benefits of Renewable Energy Between Stakeholders on Small Island Developing States (SIDS): Arguments for a Balanced Approach

Authors: Bryce Rudyk and Danielle Spiegel-Feld For many Small Island Developing States (SIDS) the cost of producing electricity from imported fossil fuels is so high and the cost of renewable energy technology has fallen so significantly that transitioning towards renewable energy is likely to produce cost savings. A recent workshop at NYU School of Law, […]

FPA Preemption

FPA Preemption in the 21st Century

Author: Matthew Christiansen On February 24, the Supreme Court will hear oral argument in Hughes v. Talen Energy Marketing. In deciding this case, the Court must determine whether an effort by the State of Maryland to incentivize the construction of new power plants is field preempted by the Federal Power Act (“FPA”)—that is, whether the Maryland law […]

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The Rise of DG: Options for Addressing the Environmental Consequences of Increased Distributed Generation

Authors: Matthew Christiansen and Elizabeth Stein States across the country are witnessing a surge in distributed electricity generation.  DG has the potential to provide significant economic and reliability benefits.  DG powered by zero- or low-emissions resources may also confer significant environmental benefits.  But not all DG comes from these relatively clean sources.  Increased reliance on “dirty […]

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The Supreme Court Upholds FERC Order 745

January 2016 Case Update: The Supreme Court Upholds FERC Order 745 Author: Matthew R. Christiansen On Monday, the Supreme Court held that the Federal Energy Regulatory Commission (“FERC”) has jurisdiction under the Federal Power Act (“FPA”) to regulate demand response in wholesale electricity markets.[1]  Although the decision is, first and foremost, a significant victory for […]

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A Building Blocks Strategy for Global Climate Change

Authors: Michael Oppenheimer, Bryce Rudyk, Richard Stewart The likely future global climate regime, based on nationally determined, non-legally binding commitments, is not by itself likely to produce emissions reductions sufficient to prevent dangerous climate change. There is, however, already significant mitigation occurring outside the context of the UNFCCC that could potentially be scaled up to fill the gap. This […]

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Deploying Solar Powered Microgrids on Small Island Developing States

Author: Danielle Spiegel-Feld Today, the majority of Small Island Developing States (SIDS) rely on imported diesel fuel to generate electricity on the islands. This reliance on diesel exposes SIDS to multiple challenges. First, the fuel must typically be transported great distances at great expense and the resulting electricity tariffs can be staggeringly high. In 2010, for […]

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Electricity Regulation at the Supreme Court: What Might the Grant of PPL Mean for EPSA?

Author: Matthew Christiansen Last week, the Supreme Court granted certiorari in Hughes v. PPL EnergyPlus, LLC (“PPL”), its second case of the term involving the Federal Energy Regulatory Commission’s (“FERC”) regulation of wholesale electricity markets. Two days earlier, the Court heard oral argument in the first case, Federal Energy Regulatory Commission v. Electric Power Supply […]