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Journal Article

The New Politics of New Property and the Takings Clause

This article presents a broad gloss on the traditional politics of property protection (liberals like broad regulatory power, conservatives strong private property protection) and then identifies ways these politics have been changing.

Christopher SerkinJanuary 1, 2017

Private Governance Report Risk Management

Behavioral Science Tools to Strengthen Energy & Environmental Programs

This report reviews 13 behavioral tools that can be used by government agencies, utilities, and energy-related businesses as a complement to government regulation and market-based policies to increase consumers' conservation of energy and other resources.

Michael Vandenbergh and OthersJanuary 1, 2017

Agency Filing Risk Management

Comments on Proposed Sea Level Rise Projections for New York City, 6 NYCRR Part 490

Comments submitted in support of the Department of Environmental Conservation's proposed sea level rise projections for New York State.

Jessica WentzDecember 19, 2016

Financial Regulation Journal Article

Stranded Costs and Grid Decarbonization

This article addresses reforms to the approach to stranded cost compensation for investor risks, including recommending consideration of stranded costs at the outset rather than after investment decisions are made.

Jim Rossi and Emily HammondOctober 20, 2016

Energy Regulation Federal Energy Regulation Journal Article State Energy Regulation

Reconstituting the Federalism Battle in Energy Transportation

This article explores federalism issues in energy transportation infrastructure, including pipelines and transmission lines, and evaluates reforms to approval processes for energy transport projects that can result in a more efficient process that leads to more rapid integration of new energy resources and technologies.

Alexandra Klass and Jim RossiSeptember 7, 2016

Energy Regulation Report Risk Management

Legal Tools for Climate Adaptation Advocacy: The Electric Grid and Its Regulators—FERC and State Public Utility Commissions

This paper discusses how climate change will impact operation of the electric grid. It also explores proposals for adaptation to climate change and opportunities for advocates to push for their adoption.

Payal Nanavati and Justin GundlachSeptember 1, 2016

Energy Regulation Federal Energy Regulation Journal Article State Energy Regulation

The Brave New Path of Energy Federalism

This article explores how recent Supreme Court decisions limit dual sovereignty’s role as the organizing federalism principle under energy statutes.

Jim RossiJuly 7, 2016

Agency Filing Energy Regulation State Energy Regulation

Direct Testimony of Professor Michael B. Gerrard on Behalf of Pace Energy and Climate Center

This testimony of Michael B. Gerrard urges the New York Public Service Commission to require Consolidated Edison to perform the Climate Change Vulnerability Study endorsed by the Commission in its 2014 order.

Michael GerrardMay 27, 2016

Report Risk Management

Local Law Provisions for Climate Change Adaptation

This paper compiles existing and suggested local law provisions that reflect diverse approaches to adaptation to climate-enhanced flood risk.

P. Dane Warren and Justin GundlachMay 1, 2016

Report Risk Management

Sea-Level Rise and Changing Times for Florida Local Governments

The legal environment for local government in Florida is beginning to change when it comes to sea-level rise (sometimes referred to as SLR). Innovations in institutional structure and governance strategies are underway in the State as well. This paper reviews three recent developments, which relate primarily to comprehensive planning in…

David MarkellApril 1, 2016

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