Danielle Spiegel-Feld

Crain’s New York Business: Let Buildings Trade to Meet Carbon Mandate

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By: Danielle Spiegel-Feld and Richard B. Stewart The landmark building-efficiency legislation passed by the City Council this month will go a long way toward meeting the city’s climate goals. But it could impose major costs on owners of large buildings. With expensive retrofits and seven-figure fines looming, the city should allow the required emissions reductions …

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New York Times: New York City Should Grade Buildings on Energy Efficiency

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“As President Trump retreats from his predecessor’s efforts to tackle climate change, it is more important than ever that our cities and states develop tools to reduce the greenhouse gas emissions responsible for the planet’s warming. In New York City, this means first and foremost cutting energy use in buildings, which accounts for over two-thirds …

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US News | OP-ED: Power Progress at the Court

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On Wednesday, the Supreme Court will hear a little-noticed case that could have big implications for the future of the American electricity system. Electric Power Supply Association v. Federal Energy Regulation Commission is part of a campaign by the power industry to stifle innovations that could foster a leaner, more efficient electricity system. Authors: Danielle …

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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)

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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 …

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) Read More »

In the LNG Export Debate, the WTO Can’t be Ignored

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By Danielle Spiegel-Feld Published in Breaking Energy June 23, 2014 If history is any guide, the Russian energy firm Gazprom’s recent decision to cut off gas to Ukraine will stoke the already raging debate over whether the Department of Energy (DoE) should allow increased natural gas exports from the United States. Stakeholders have raised myriad economic and environmental concerns …

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Whither Article XX? Regulatory Autonomy Under Non-GATT Agreements After China—Raw Materials

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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 …

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Ensuring that Imported Biofuels Abide by Domestic Environmental Standards: Will the Agreement on Technical Barriers to Trade Tolerate Asymmetrical Compliance Regimes?

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Author: Danielle Spiegel-Feld From an environmental standpoint, not all biofuels are alike.  If produced from sustainably harvested feedstocks using energy efficient production processes, biofuels can help to reduce greenhouse gas (GHG) emissions from the transportation sector. If, however, biofuels are produced from unsustainably harvested feedstocks using energy intensive production processes, biofuels can have the opposite …

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Can the Public Trust Doctrine Save Western Groundwater?

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Author: Danielle Spiegel-Feld Nationwide, Americans pump approximately eighty-three billion gallons of groundwater per day. 1This staggering rate of withdrawal is unsustainable in many areas and jeopardizes the longevity of one of our most vital natural resources. Several authors have proposed extending the public trust doctrine 3 to groundwater to force greater conservation. They hope that if the public …

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