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Currents

Ecology Law Currents is the online-only publication of Ecology Law Quarterly, one of the nation’s most respected and widely read environmental law journals. Currents features short-form commentary and analysis on timely environmental law and policy issues.

The New(Clear?) Electricity Federalism: Federal Preemption of States’ “Zero Emissions Credit” Programs

Joel B. Eisen* Two pending federal appellate cases involving Illinois and New York laws, Old Mill Creek v. Star and Coalition For Competitive Electricity v. Zibelman respectively,[1] involve the conflict between federal authority over the electric grid and state laws supporting nuclear power plants. The issues are nearly identical in both cases.[2] In Illinois, New

The Electric Grid Confronts the Dormant Commerce Clause

by Sam Kalen & Steven Weissman Many modern energy dialogues gravitate toward a conversation about the present status of the jurisdictional divide between state and federal authority over the regulation of wholesale sales of energy.  A March 3, 2017 Bureau of National Affairs (BNA) article began by observing how the utility industry believes the biggest

CONDUIT FOR PEACE IN THE MIDDLE EAST: AN ANALYSIS OF THE RED SEA–DEAD SEA WATER CONVEYANCE PROJECT

By Sarah L. Fine This post is part of the Environmental Law Review Syndicate (ELRS). As the old saying goes, whiskey is for drinking—water is for fighting over. I. Introduction The mythic Dead Sea—the highly salinated, low-altitude lake of international interest and importance—is drying up.[1] Although the Jordan Rift Valley, where the Dead Sea is located,

Mar 22, 2018

Mitigating Greenhouse Gas Emissions in the Northeast and Mid-Atlantic Transportation Sector: A Cap-and-Invest Approach

James D. Flynn* This post is part of the Environmental Law Review Syndicate (ELRS). I.      Introduction In recent years, states in New England and the mid-Atlantic region have made significant progress in reducing climate change-inducing greenhouse gas (GHG) emissions from the electricity generation sector.[1] This has largely been the result of shifts in energy markets from