Legal & Regulatory

  • An Economist Looks at Climate Policy

    An economist scratches his head in consternation as he looks at the discussion about climate change and energy conservation. Take his quiz to learn why commonly accepted assumptions make poor economic sense.

  • A Flood of Climate Change Tort Cases

    On October 16, the Fifth Circuit Court of Appeals revived a lawsuit filed by residents along the Mississippi Gulf coast against several corporations in the energy, fossil fuels, and chemicals industries alleging that the defendants were responsible for property damage caused by Hurricane Katrina — Comer v. Murphy Oil USA, et al., No. 07-60756 (5th Cir. Oct. 16, 2009).

  • TREND: Coal in a Hole

    While pundits opine that the U.S. economy is in recovery, that doesn’t show up in the world of coal-fired electric power plants (perhaps lagging economic indicators). For proof, see these recent stories.

  • Talking Smart Grid Talk

    What is the smart grid all about? A new book—a dictionary—attempts to define and demystify the jargon and bafflegab surrounding the buzzing smart grid. It’s a somewhat flawed but worthwhile first attempt at unraveling the often bizarre and sometimes baloney-filled smart grid nomenclature.

  • Pushmepullyou: Disputes and Discussions on Grid Politics

    While industry interests were trying to get on board the smart grid gravy train last fall in Washington, D.C., in rural West Virginia folks were dealing with the force of a political locomotive pushing a high-voltage interstate grid, with property owners opposed and labor in favor.

  • The Natural Gas Glut and the Doctrine According to Hefner

    Natural gas is back, says gas guru Bobby Hefner, and in a big way. New technologies, new discoveries, low prices, and new optimism characterize a natural gas industry that just three years ago was bemoaning its future and looking to foreign LNG imports as the industry’s salvation. Today, the gloom is gone, and the gas folks are clicking their gaseous heels in glee.

  • NRC Withholds “Waste Confidence” Finding, Citing Yucca Decision

    In a series of ironies, the U.S. Nuclear Regulatory Commission has voted to reject an early finding that the U.S. can adequately manage nuclear reactor spent fuel, in the wake of the Obama administration’s decision to pull the radioactive plug on Nevada’s Yucca Mountain. The vote by the majority Republicans on the commission effectively puts a temporary ban on new nuclear reactor construction in the U.S.

  • Conn. v. AEP: Call for Congressional Action

    In September, the Second Circuit Court of Appeals reversed the district court ruling in Connecticut v. American Electric Power ("Decision"), a lawsuit initiated by eight states, New York City, and environmental organizations against six power-generating utilities. The plaintiffs allege that carbon dioxide emissions from the defendants’ fossil fuel – fired power plants in 20 states are contributing to a public nuisance — climate change and global warming.

  • Feds Must Deliver on Climate Change Legislation

    For several years there has been widespread doubt about Washington’s ability to move forward with a national program to address climate change and reduce greenhouse gas (GHG) emissions. At various times during the Bush administration, it appeared that legislation might be possible, but it always collapsed under the weight of partisan politics and competing special […]

  • Flipping the Switch: Why Utilities Need to Shed Light Now on Carbon Risk

    Carbon is poised to become an auditable and verifiable reporting requirement for American business. Because utilities are among the organizations with the most at stake in a carbon-constrained economy, they should proactively tackle carbon management and carbon accounting in spite of uncertainties about the precise formulation of the final regulatory framework. In short, whether a carbon accounting requirement is legislative, administrative, or driven by business partners and consumers, now is the time for utilities to act.