Federal-State Conflicts Over Environmental Justice
In: Center for Progressive Reform Online Symposium Series 2023
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In: Center for Progressive Reform Online Symposium Series 2023
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In: THE JURISPRUDENTIAL LEGACY OF JUSTICE RUTH BADER GINSBURG (Ryan Vacca & Ann Bartow, Eds.) (NYU Press 2023) Available at: https://nyupress.org/9781479817856/the-jurisprudential-legacy-of-justice-ruth-bader-ginsburg/
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In: Research Handbook on Energy Law and Ethics; Malik R. Dahlan & Rosa Maria Lastra, eds. Edward Elgar, 2022 See: https://www.e-elgar.com/shop/gbp/research-handbook-on-energy-law-and-ethics-9781839100826.html
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In: 69 KANSAS LAW REVIEW 101 (2021)
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In: 36 J. of Land Use & Envtl. L. __ (2020)
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Working paper
In: Environmental Law Reporter, Band 50, Heft 10459
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In: Utah Law Review, Spring 2019
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In: Indian Institute of Technology Law Review, Rajiv Gandhi School of Intellectual Property Law, IIT-Kharagpur
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Working paper
In: Brooklyn Law Review, Band 82, Heft 2
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In: Stanford Environmental Law Journal, Band 36, Heft 2
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In: Case Western Reserve Journal of International Law, Forthcoming
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In: University of Colorado Law Review, Band 86, Heft 2015
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Full-text available at SSRN. See link in this record. ; This article takes up the increasingly important land use question of siting for renewable energy. As concern over climate change grows, new policies are being crafted at all levels of government to support renewable energy as a way of reducing greenhouse gas emissions. These policies are driving the need to site and construct new power plants that will utilize renewable resources. Historically, power plant siting has been the province of state and local governments, so the regulatory context into which renewables are being integrated varies, sometimes significantly, jurisdiction by jurisdiction. To examine this regulatory context, this article focuses on Florida – the third largest consumer of electricity in the U.S. with less than two percent generated from renewable resources. The article first provides an overview of Florida's power supply sector and sets out the existing regulatory context for terrestrial siting of energy facilities. It then situates Florida's most promising renewable resources within that context, identifies regulatory barriers that implicate siting, and considers the siting issues unique to each resource. As the article explains, we now have a window of opportunity in which state and local governments can plan for and guide renewable energy siting – an approach that contrasts with utility-driven planning and siting that has long been standard practice.
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Renewable energy is gaining momentum around the globe, but the United States has only just begun to change its energy trajectory away from fossil fuels. Today, only about 10% of electricity in the United States is generated from renewable energy, and most of that comes from hydroelectric power plants that have been operating for many years. The U.S. Energy Information Administration projects 30% of new capacity over the next twenty years will utilize renewable resources, without significant changes in U.S. energy policy, but at that pace renewable energy will still account for only 16% of generated electricity. These prospects stand in sharp contrast to the immense potential that exists in U.S. renewable resources which, according to the National Academy of Sciences, "can supply significantly greater amounts of electricity than the total current or projected domestic demand." Yet those resources remain "largely untapped today." This Article is concerned with renewable energy's too-slow transition and with how existing legal regimes work to preserve fossil energy dominance. The normative assertion that the transition is occurring too slowly proceeds from four related premises: First, that climate change threatens human well-being and the environment and is largely the result of unsustainable overconsumption of fossil energy. Second, that a transformation of the energy sector is possible with existing resources and technologies. Third, that policies to promote renewable energy in the United States have so far been adopted and sustained inconsistently, with federal progress trailing the states. And fourth, that law and policy responses to curtail fossil energy use are needed immediately to avoid the worst risks associated with climbing atmospheric temperatures.
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