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Publications

Viewing all publications in Jobs and Regulation
  • Getting the Value of Distributed Energy Resources Right
    Report

    Getting the Value of Distributed Energy Resources Right

    Using a Societal Value Stack

    By Justin Gundlach and Burcin Unel, Ph.D.
    December 3, 2019

    Our report notes the growing presence of distributed energy resources, like solar panels and energy storage installations, and explains how they should be compensated for providing electricity services valued by utilities and their customers. Currently, 40 states use net energy metering programs to compensate DERs. We describe a promising alternative, “value stacking,” which better reflects DERs’ value, and provide suggestions for how to implement this approach.

  • Pipeline Approvals and Greenhouse Gas Emissions
    Report

    Pipeline Approvals and Greenhouse Gas Emissions

    By Jayni Hein, Jason Schwartz, and Avi Zevin
    April 9, 2019

    In light of growing public awareness of the environmental effects of pipeline projects, the Federal Energy Regulatory Commission (FERC) has faced competing pressures regarding how to balance the need for new natural gas pipelines with their environmental consequences. Concerns about greenhouse gas (GHG) emissions and resulting climate change effects have become a flashpoint in the debate. Our report examines the legal context surrounding FERC’s evaluation of the environmental impacts of proposed interstate natural gas pipelines. We look at FERC’s obligations under the Natural Gas Act and the National Environmental Policy Act, as well as potential improvements the agency can make to its analyses to better inform policy makers and the public about the impacts of proposed projects.

  • Opportunities for Valuing Climate Impacts in U.S. State Electricity Policy
    Report

    Opportunities for Valuing Climate Impacts in U.S. State Electricity Policy

    By Denise A. Grab, Iliana Paul, and Kate Fritz
    April 2, 2019

    With an absence of federal leadership on climate change, many states have worked to reduce greenhouse gas emissions on their own, often by incorporating a broader range of considerations into electricity policy. Our report assesses the potential to expand the valuation of climate damages in state electricity policy using Social Cost of Carbon metrics. We examine existing statutes and regulations in all 50 states to identify opportunities for valuing climate impacts around the country.

  • Regulation in Transition
    Academic Article/Working Paper

    Regulation in Transition

    By Bethany Davis Noll and Richard Revesz
    March 6, 2019

    This article, forthcoming in the Minnesota Law Review, identifies a new trend in aggressive regulatory rollbacks and argues that it is likely to become an enduring feature of American politics. Rather than stick to the typical deregulatory playbook, President Trump has made aggressive use of other instruments that had not previously played a significant role. Through these strategies, the Trump administration was able to reach a far greater proportion of regulations finalized during Obama’s presidency than would have been possible under prior practices. In the current climate, aggressive rollback strategies will lead to an important reconceptualization of the Executive Branch, in which future one-term presidents are unlikely to see a significant portion of their regulatory output on important matters survive and the incentives that presidents face in fashioning their regulatory policies will be significantly different. The changing incentives will affect a broad set of decisions, from transition planning for an incoming administration to the timing of regulatory actions relative to a president’s reelection campaign.

  • Markets, Externalities, and the Federal Power Act
    Academic Article/Working Paper

    Markets, Externalities, and the Federal Power Act

    The Federal Energy Regulatory Commission’s Authority to Price Carbon Dioxide Emissions

    By Bethany Davis Noll and Burcin Unel
    February 22, 2019

    This article, published in the New York University Environmental Law Journal, shows how the Federal Energy Regulatory Commission (FERC) must attempt to address the external cost of carbon dioxide (CO2) emissions to achieve an efficient electricity market. CO2 emissions impose a significant cost on society by contributing to climate change. The electricity sector is a major source of these emissions, yet their external cost is not fully reflected in electricity rates, and the market outcomes thus do not adjust to reflect those true costs—a classic market failure. This leads to emissions that are higher than optimal.