Corpus ID: 8202197

The Clean Power Plan: Testing the Limits of Administrative Law and the Electric Grid

  title={The Clean Power Plan: Testing the Limits of Administrative Law and the Electric Grid},
  author={E. Hammond and R. J. Pierce},
  journal={Energy eJournal},
The Environmental Protection Agency’s (EPA) Clean Power Plan (CPP) is one of the most controversial and highest-stake rules ever issued by any agency. Proponents of the rule maintain that it is essential to mitigating the potentially devastating effects of climate change. Opponents, by contrast, argue that it is unlikely to be effective for its intended purpose and that it jeopardizes the reliability of the electricity grid. We are in the awkward position of agreeing with both the proponents… Expand
3 Citations
Of Markets and Subsidies: Counter-intuitive Trends for Clean Energy Policy in the European Union and the United States
Abstract The United States (US) is frequently portrayed as a nation with a deep distrust of big government and a strong commitment to markets and competition. In contrast, the prevailing image of theExpand
Clean Power Politics: The Democratization of Energy
Those of us who follow the energy sector closely will agree: there are many moving parts in clean energy policy, and for newcomers to the field, there is a significant learning curve. When I teachExpand
Across the “Second Valley of Death”: Designing Successful Energy Demonstration Projects
Technology demonstration projects pose one of the most difficult challenges in energy-innovation policy. They are necessary to build an adequate portfolio of clean-energy options that have theExpand


The Dormant Commerce Clause Threat to Market-Based Environmental Regulation: The Case of Electricity Deregulation
This Article is an attempt to address the Commerce Clause issues raised when state regulators employ market-based approaches to environmental regulation. Commerce Clause issues can arise when stateExpand
Interstate Transmission Challenges for Renewable Energy: A Federalism Mismatch
This Article discusses current challenges to siting new electric transmission infrastructure to facilitate the growth of renewable energy. In doing so, this Article focuses on recent legal and policyExpand
Putting the Dormant Commerce Clause Back to Sleep: Adapting the Doctrine to Support State Renewable Portfolio Standards
State renewable portfolio standards (RPSs) and renewable energy standards (RESs) are among the most effective devices for renewable energy development, but plaintiffs have begun to challenge theExpand
Reconsidering Regulatory Uncertainty: Making a Case for Energy Storage
This Article begins the complex dialogue that must take place to address the emerging technologies providing energy storage for our electricity grid. Energy storage has the capacity to be aExpand
Peak Electricity and the Clean Power Plan
Key elements of EPA's Clean Power Plan rely on forecasted electricity sales from the National Energy Modeling System (NEMS), but NEMS has consistently over-projected electricity sales. An analysis ofExpand
Heightened Scrutiny of the Fourth Branch: Separation of Powers and the Requirement Of Adequate Reasons for Agency Decisions
In recent years, the requirement that administrative agencies provide adequate reasons for their decisions has come to play a central role in judicial review of agency decisions. While the increasingExpand
Controlling Carbon Emissions from U.S. Power Plants: How a Tradable Performance Standard Compares to a Carbon Tax
Different pollution control policies, even if they achieve the same emissions goal, could have importantly different effects on the composition of the energy sector and economic outcomes. In thisExpand
'Vacation' at Sea: Judicial Remedies and Equitable Discretion in Administrative Law
  • R. Levin
  • Sociology, Political Science
  • 2003
Scholars have rarely examined the remedial issues that federal courts may face when they find that an administrative agency has acted unlawfully. This article presents a broad survey of that topic inExpand
Ossification Revisited: Does Arbitrary and Capricious Review Significantly Interfere With Agency Ability to Achieve Regulatory Goals Through Informal Rulemaking?
This article reports the results of an examination of the effects of a decade's worth of D.C. Circuit remands of informal rules under the "hard look" doctrine. The research identified 71 suchExpand
Dynamic pricing [of electricity]
A new, comprehensive, dynamic pricing method for use-of-transmission-system charges is presented in this paper. The embedded and running costs are both factored into the price. In this way, pricesExpand