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Supreme Court: EPA Should Have Considered Cost When Deciding Whether Mercury Limits For Power Plants Were Appropriate

The United States Supreme Court held that the Environmental Protection Agency (EPA) improperly refused to consider costs when determining whether it was “appropriate and necessary” to regulate mercury emissions from power plants under the Clean Air...

Posted July 2, 2015    

Encouraging Energy Companies to Inform Their Investors About Risks They Face From Climate Regulation

My recent study compared what oil companies told two audiences—regulators and investors—about how new environmental rules would affect them. It showed that the companies told the two audiences two very different stories:...

Posted April 30, 2015    

Supreme Court Leaves Room for State Regulation of Natural Gas Sales

Recently, the U.S. Supreme Court held that the federal Natural Gas Act does not preempt the field of state antitrust regulation of natural gas prices, which means states can apply their own policies to natural gas sales as long as those policies do...

Posted April 27, 2015    

May Provinces (or States) Limit Imports on the Basis of Greenhouse Gas Emissions Elsewhere?

By James Coleman & Martin OlszynskiLast week, a group of economists known as “Canada’s Ecofiscal Commission” issued a much-discussed report that urged Canada’s individual provinces to drive Canadian climate policy by adopting their own...

Posted April 20, 2015    

Do Corporations Cry Wolf?: Comparing What Companies Tell Regulators With What They Tell Investors

Corporations regularly complain that new regulations will harm their business and the broader economy. How seriously should we take those warnings? I’ve just posted a paper that presents a way of answering this perennial question.It’s often said...

Posted April 7, 2015    

Legal Debate on EPA's Power Plan Takes Center Stage

For the past two weeks, the U.S. Environmental Protection Agency’s “Clean Power Plan” for power sector carbon emissions has been the center of an ongoing debate between some of the nation’s foremost constitutional and environmental law scholars.As...

Posted April 1, 2015    

The Shale 'Revolution' Is About Gas Prices & Oil Production

I’d like to make a quick point about the “shale revolution,” which may be old news to those immersed in North American energy policy but might be helpful to those just starting to think about the wider implications of increased North American...

Posted July 17, 2014    

U.S. Supreme Court Narrows Greenhouse Gas Rules: What It Means for the U.S. Climate Agenda

In Utility Air Regulatory Group v. Environmental Protection Agency (EPA), the U.S. Supreme Court struck down a portion of the United States’ first regulations for greenhouse gas emissions from industrial sources. The Court held that the...

Posted June 25, 2014    

EPA's New Power Sector Climate Rules: A Brewing Political and Legal Storm

The United States Environmental Protection Agency (EPA) proposed requiring all fifty states to adopt greenhouse gas controls for their existing power plants. And EPA went further, proposing that, together, states would have to cut U.S. power sector...

Posted June 4, 2014    

State Energy Policy and the Commerce Clause: Spotlight on Colorado and Minnesota

By Guest Blogger Alexandra B. Klass, University of Minnesota Law School [email protected] the past month, two federal district courts—one in Colorado and one in Minnesota—have issued important decisions on the constitutionality of state clean...

Posted May 26, 2014    

Energy Law's Moment: Turning Points, A Growing Field, and the New Energy Law and Policy Book

Introduction by James Coleman, with post following by guest blogger Alexandra KlassEnergy law is at a renaissance moment. Nearly every day, judges and regulators across the continent are making decisions on energy policy and infrastructure that will...

Posted May 23, 2014    

Federal Court Strikes Down Minnesota's Limits on Coal Power Imports: A Critical Moment for State Regulation of Imported Fuel & Electricity

State of North Dakota, et al., v. Beverly Heydinger, et al., Case No. 11-cv-3232, (D. Minn., Apr. 18, 2014).On April 18, the U.S. District Court for the District of Minnesota struck down the State of Minnesota’s restrictions on importing...

Posted April 24, 2014