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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.

State and Local Control of Federal Lands: New Developments in the Transfer of Federal Lands Movement

The history of federal public lands is one of national interests, not those of any particular state or county government. It was the federal government, not western states, that acquired these lands through “purchase or conquest.” After an early period of federal land sales and disposals, much of the public lands

Carbon Tax and Low-Income Grant Proposal to Encourage Low-Income Investment in Solar Technologies

Climate change is internationally recognized as the biggest threat facing the world today. This threat transcends politics, economics, and social views. In 2017 we saw historic flooding, hurricanes, wildfires, and now record snowfall in the southeastern United States.

Aug 20, 2018

State Clean Energy Polices at Risk: Courts Should Not Preempt Zero Emission Credits for Nuclear Plants

In 2016, the Illinois Legislature and New York Public Service Commission (PSC) enacted nearly identical policies to induce economically struggling nuclear power plants to continue operating. Competing power generation companies filed suits in federal district courts, arguing that the states’ policies are preempted

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