Legal Analysis – Page 19 – Environmental and Energy Law Program

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Disaster Policy

Arkema Chemical Plant & the 2017 Risk Management Program Amendments

In late August 2017, Hurricane Harvey brought an unprecedented amount of rain to the Houston area; some locations recorded more than 50 inches of rainfall. Subsequent flooding forced residents to […]

October 20, 2017

Administrative Law
Natural Resources Law
Supreme Court Decisions

Professor Lazarus on Murr v. Wisconsin and Regulatory Takings

On June 23, 2017, the Supreme Court upheld Wisconsin and St. Croix County land use regulations written to protect a Wild and Scenic River. Professor Richard Lazarus argued the case […]

September 15, 2017

Power Sector

Jody Freeman on the Uncomfortable Convergence of Energy and Environmental Law

In her latest Harvard Environmental Law Review article, Archibald Cox Professor of Law Jody Freeman examines the relationship between energy and environmental law, two historically disparate fields, which some scholars […]

August 22, 2017

Power Sector

The Uncomfortable Convergence of Energy and Environmental Law

In the Harvard Environmental Law Review, Vol. 41, No. 2, by Archibald Cox Professor of Law Jody Freeman, examines the relationship between energy and environmental law, two historically disparate fields, […]

August 1, 2017

Power Sector

Constitutional Issues to Consider in Clean Power Plan Compliance, Part 2: The Dormant Commerce Clause

In this white paper I describe the contours of the US Constitution’s Commerce Clause, and explain how states can design multi-state compliance strategies that do not discriminate based on origin, […]

August 1, 2016

Clean Air
Power Sector

Issues to Consider When Crafting Clean Power Plan Multi-State Compliance Approaches, Part 1: Compact Clause

In our white paper we describe the contours of the U.S. Constitution’s Compact Clause and Section 102(c) of the Clean Air Act, and explain how states can design multi-state compliance […]

August 1, 2015

Electricity Law
Power Sector

Power Over Pollution: Exploring State Plan Enforcement under EPA’s GHG Power Plant Rule

Power Over Pollution: Exploring State Plan Enforcement under EPA’s GHG Power Plant Rule, a White Paper by Kate Konschnik and Ari Peskoe, describes how EPA and states generally enforce State plans submitted under […]

July 21, 2014

Power Sector

Efficiency Rules: The Case for End-Use Energy Efficiency Programs in the Section 111(d) Rule for Existing Power Plants

Efficiency Rules: The Case for End-Use Energy Efficiency Programs in the Section 111(d) Rule for Existing Power Plants, a White Paper by Kate Konschnik and Ari Peskoe, concludes that energy efficiency can play […]

March 3, 2014