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Flow or Oscillate? The Mismatch between the Language Judges and Attorneys Use to Describe Electricity and the Actual Behavior of Electricity on the Grid

In North Dakota v. Heydinger, two Eighth Circuit judges disagreed about the constitutionality of a Minnesota statute regulating the electricity imported into the state. Their disagreement stemmed from the judges’ conflicting understandings of the behavior of electrons.

Mar 26, 2020
Elissa Walter

Energy Jurisdiction in the Twenty-First Century

The U.S. electrical grid is a modern marvel, consisting of nearly 3500 utility organizations, 450,000 miles of transmission lines, and six million miles of distribution cable that span across and crisscross the country to serve over 334 million people (and growing) whose total electricity demand exceeds 830 gigawatts. But the grid is evolving, as it has since its inception.

Mar 26, 2020
Kristoffer James S. Jacob

Better Than Net Benefits: Rethinking the FERC v. EPSA Test to Maximize Value in Grid-Edge Electricity Markets

Energy information and technology has reached a point where the operator of a twenty-first-century grid can balance supply and demand based on value, not cost. Better data, more distributed and dynamic resources, and improvements in supporting infrastructure represent an opportunity for an electric system to operate more reliably with less environmental impact and through competitive markets that yield economically efficient rates.

Mar 26, 2020
Helen Aki

Adequate Agency Action? How Procedural Trends in Environmental Citizen Suit Litigation Prompt a Reconsideration of Deference and Presumptions of Diligence

In 2016, the Third Circuit affirmed the dismissal of a nonprofit group’s environmental citizen suit because it found that a government agency was already diligently prosecuting the defendant. The decision provided an important procedural precedent because it changed the standard by which agency prosecution is reviewed during a motion to dismiss.

Mar 26, 2020
Rachel L. Ryan