Journal Articles & Working Papers

  • The Urban Environmental Renaissance April 2019 - Authors: Katrina Wyman and Danielle Spiegel-Feld City governments were an important source of environmental protection in the United States from the 1800s until well into the 1900s. However, since Congress passed a series of landmark environmental statutes in the 1970s, scholars have primarily equated environmental law with federal law. To the extent that scholars consider […]
  • Do Mandatory Energy Audits Reduce Building Energy Use?: A Bayesian Analysis of New York City’s Local Law 87 November 2018 - Cities are experimenting with a range of policy and regulatory tools to reduce energy use in the building sector as a pathway to substantial carbon emission reductions. Increasingly, cities are turning to policies that reduce information asymmetries and knowledge gaps through data transparency, focusing on existing buildings and the potential to achieve up to 50% […]
  • Expanding Green Roofs in New York City: Towards a Location-Specific Tax Incentive July 2018 - Vegetated, or “green,” roofs provide numerous social and environmental benefits to urban areas. Compared with conventional roofs, green roofs promote biodiversity, reduce building energy use, decrease noise, and improve the productivity of solar photovoltaic installations. They can also mitigate the urban heat island effect and reduce stormwater runoff, thereby diminishing flooding and pollution of local waterways. […]
  • Linking Across Borders: Opportunities and Obstacles for a Joint Regional Greenhouse Gas Initiative-Western Climate Initiative Market March 2018 - Despite the strong consensus in the scientific community that anthropogenic climate change requires urgent attention, neither the United States nor Canada has implemented a comprehensive national policy to reduce greenhouse gas emissions.  Into this void have stepped two regional cap-and-trade programs that regulate greenhouse gas emissions in parts of both countries.  One, the Regional Greenhouse […]
  • March 2017: Building blocks: a strategy for near-term climate action March 2017 - Authors: Richard Stewart, Michael Oppenheimer and Bryce Rudyk The Paris Agreement cemented a new framework for global climate policy based on the voluntary and non-legally binding emission reduction actions by both developed and developing countries. The building blocks strategy for climate action discussed in this Special Issue is well adapted to and strongly complements this […]
  • Allocating the Economic Benefits of Renewable Energy Between Stakeholders on Small Island Developing States (SIDS): Arguments for a Balanced Approach March 2016 - 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 in the 21st Century February 2016 - 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 […]
  • The Merits of an ‘Integrated’ Approach to Performance-Based Regulation, 28 Electr. J. 8 (2015) May 2015 - Author: Benjamin Mandel The composition of utility revenues under performance-based regulation depends on the approach used to set base revenue allowances and the magnitude of financial performance incentives. For the most policy-responsive regime, regulators should pursue ‘integrated PBR’ by both broadening the set of performance incentives they offer and embracing benchmarking for base revenue allowances. This article, based on an […]
  • Performance-Based Regulation to Improve Upstream Energy Efficiency, 27 Electr. J. 20 (2014) November 2014 - Author: Benjamin Mandel Traditional utility regulation provides inadequate incentives for electric utilities to invest in technologies that reduce network energy losses. This article examines how alternative regulatory designs influence such investments, and simulates the procurement and performance of distribution transformers under differing regulatory scenarios, to demonstrate the enormous potential benefits of a performance-based regulation scheme that targets network losses. This article is featured […]
  • Amicus Curiae Brief of the Guarini Center on Environmental, Energy and Land Use Law at New York University School of Law in Support of Petitioners (Federal Energy Regulatory Commission v. Electric Power Supply Association, Supreme Court of the United States) July 2014 - NYU Law’s Guarini Center submitted this amicus brief to the Supreme Court supporting the US government’s position in the case Federal Energy Regulatory Commission v. Electric Power Supply Association. The outcome of the case will determine the extent to which the Federal Energy Regulatory Commission (FERC) can regulate and promote demand response programs in wholesale […]
  • Building Blocks for Global Climate Protection, 32 Stanford Envtl. L. J. 341 (2013) September 2013 - Authors: Richard Stewart, Michael Oppenheimer and Bryce Rudyk This article presents an innovative institutional approach to supplement and ultimately strengthen the lagging United Nations Framework Convention on Climate Change (UNFCCC) process for negotiating a climate treaty that commits major emitting and developed countries to greenhouse gas emissions limitations. The Durban Platform for Enhanced Action does […]
  • A New Strategy for Global Climate Protection, 120 Climatic Change 1 (2013) June 2013 - Authors: Richard Stewart, Michael Oppenheimer and Bryce Rudyk This essay proposes an innovative institutional strategy for global climate protection, quite distinct from but ultimately complementary to the UNFCCC climate treaty negotiations. Our “building block” strategy relies on a variety of smaller-scale transnational cooperative arrangements, involving not only states, but also sub-national jurisdictions, firms, and civil […]
  • Responses to Climate Migration, 37 Harv. Envtl. L. Rev. 167 (2013). January 2013 - Author: Katrina Wyman In recent years there have been suggestions that climate change might generate 200 million or more migrants by 2050. In response to these suggestions, and concerns that existing law and policy will be inadequate to deal with the expected displacement, there recently have been several proposals for new legally binding multilateral instruments […]
  • Whither Article XX? Regulatory Autonomy Under Non-GATT Agreements After China—Raw Materials 38 Yale J. Int’l L. (Online) (2012) October 2012 - Author: Danielle Spiegel-Feld (with Stephanie Switzer) On January 30, 2012 the Appellate Body to the World Trade Organization (WTO) released a decision in China—Measures Relating to the Exportation of Various Raw Materials (Raw Materials) in which it condemned China’s refusal to freely export certain raw materials mined within its territory. Apart from the significant political implications of […]
  • Building a More Effective Global Climate Regime Bottom-Up, 14 Theoretical Inquiries in Law 272 (2012) June 2012 - Authors: Richard Stewart, Michael Oppenheimer and Bryce Rudyk The Durban Platform for Enhanced Action holds out the promise of progress towards a climate treaty that includes greenhouse gas (GHG) emissions limitations commitments by all major emitting countries, including developing as well as developed countries. But as the UNFCCC process still faces significant obstacles, it needs […]