The Evolution of Energy Law (and Federalism?)
The energy system in the US is undergoing radical transformation: new market structures, shifting energy economics, increased regulation and rapid technological breakthroughs are all happening at once. As always, these kind of changes mean federal and state governments must grapple with how to adapt their regulatory regimes to achieve reliable, affordable, and environmentally-protective energy in a rapidly evolving context. For reasons we will explore, such changes can make applying traditional jurisdictional roles of federal and state governments much more difficult.
This seminar, taught by professors affiliated with different parties -- one D, one R -- and different levels of government -- one state, one federal -- will be focused on the legal context for some of the most difficult practical problems in energy law and policy today. While we will provide an overview of the energy system and its forms of regulation by way of essential backdrop, and then will focus in particular on the respective, and increasingly blurry, regulatory roles of the federal and state governments.
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