Federal Preemption Of State Energy Policies
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Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Limitations of Contracted and Delegated Authority |
Publisher | : |
Total Pages | : 214 |
Release | : 1981 |
Genre | : Energy policy |
ISBN | : |
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Limitations of Contracted and Delegated Authority |
Publisher | : |
Total Pages | : 194 |
Release | : 1980 |
Genre | : Energy policy |
ISBN | : |
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Limitations of Contracted and Delegated Authority |
Publisher | : |
Total Pages | : 0 |
Release | : 1980 |
Genre | : Energy policy |
ISBN | : |
Author | : James T. O'Reilly |
Publisher | : American Bar Association |
Total Pages | : 252 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781590317440 |
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author | : Jim Rossi |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : |
ISBN | : |
Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices determined under federal standards. Recent decisions treat prices that meet the federal standard as a preemption ceiling, which prohibits states from setting prices that exceed the wholesale price set in a competitive market. Both appellate courts and the Federal Energy Regulatory Commission (“FERC”) - the primary federal agency responsible for the electric power sector - have recently applied a price preemption ceiling to clean energy policies. I argue in this Article that this price ceiling preemption approach hobbles the advancement of clean energy policy under both federal and state laws. State and local governments, along with regional institutions, have adopted a number of clean energy innovations, including feed-in tariffs for renewable power, novel approaches to transmission siting and cost allocation, and energy conservation policies. As subnational governments today consider how to encourage clean energy investments, they are increasingly bumping into limitations imposed by FERC and the courts under the Supremacy Clause of the U.S. Constitution. Imposing a legal preemption ceiling on clean energy prices thwarts the ability of subnational governments to adopt policies that advance conservation and renewable energy goals. I argue that reassessing application of wholesale price ceiling preemption to regional, state and local clean energy innovations will allow courts and federal regulators to more effectively imagine the ability of federal energy laws to advance clean energy goals.
Author | : James Ming Chen |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
As local utility regulation enacted early this century proved inadequate to deal with complex concerns, Congress passed statutes formulating a national energy policy. Under the resulting programs of concurrent state and federal regulation, competing authorities sometimes clashed. In the context of federal statutes, the supremacy clause governs competing state and federal claims to authority. Under traditional doctrine, a federal statute may preempt state law in one of three ways. First, a statute may expressly supersede state law. Second, a statute may occupy a field and leave no room for state regulation. Third, a federal statute preempts state law with which it actually conflicts; actual conflict occurs if state law blocks congressional purposes or compliance with federal law. This Note argues that prevailing preemption doctrine gives courts insufficient guidance in complex cases involving energy regulation. Part I proposes that courts use economic analysis to supplement standard tools of statutory interpretation. To maximize regulatory gains, courts should grant disputed authority to the most efficient regulator: the states, a federal agency, or the deregulated market. Part II applies this theory to federal statutes regulating hydropower, natural gas, and nuclear energy.
Author | : Richard Allen Epstein |
Publisher | : A E I Press |
Total Pages | : 388 |
Release | : 2007 |
Genre | : Law |
ISBN | : |
This book considers federalism's constitutional basis and its practical applications.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Limitations of Contracted and Delegated Authority |
Publisher | : |
Total Pages | : 200 |
Release | : 1981 |
Genre | : Energy policy |
ISBN | : |
Author | : Tina Calilung |
Publisher | : |
Total Pages | : 29 |
Release | : 2018 |
Genre | : |
ISBN | : |
The regulation of electricity markets in the United States can be viewed as an optimization problem involving several objective functions: balancing electricity supply and demand; minimizing consumer prices; and minimizing environmental costs. The ideal regulatory scheme would produce the perfect mix of generation resources, to provide reliable capacity that meets consumer demand at the lowest price with the least environmental impact. Federalism, however, requires the separation of regulatory authority over electricity production between federal and state bodies. Moreover, in restructured energy markets, deregulation further distributes decision-making authority to market actors who, through their collective actions, determine market prices and supply. Such fragmented jurisdictional authority can lead regulatory bodies, acting in furtherance of their individual objectives, to work towards conflicting goals. In some instances, federal preemption requires legitimate state goals to yield to federal objectives. The Clean Power Plan ("CPP"), the U.S. Environmental Protection Agency's ("EPA") proposed regulation of carbon emissions released by existing coal-fired power plants, establishes a framework of cooperative federalism that grants states vast flexibility for achieving federally mandated emissions reduction goals. The tools available to states for designing implementation plans can also advance state energy goals, like promoting fuel diversity and enhancing system reliability, which may otherwise be preempted by federal law.
Author | : United States. Congress. House. Committee on Government Reform. Subcommittee on Energy Policy, Natural Resources, and Regulatory Affairs |
Publisher | : |
Total Pages | : 184 |
Release | : 2003 |
Genre | : Political Science |
ISBN | : |