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Dynamic Energy Federalism

Dynamic Energy Federalism

Full Title:  Dynamic Energy Federalism
Author(s):  Hari M. Osofsky & Hannah J. Wiseman
Publisher(s):  Maryland Law Review
Publication Date: August 1, 2012
Full Text: Download Resource
Description (excerpt):

U.S. energy law and the scholarship analyzing it are deeply fragmented. Each source of energy has a distinct legal regime, and limited federal regulation in some areas has resulted in divergent state and local approaches to regulation. Much of the existing energy law literature reflects these substantive and structural divisions, and focuses on particular aspects of the energy system and associated federalism disputes. However, in order to meet modern energy challenges—such as reducing risks from deepwater drilling and hydraulic fracturing, maintaining the reliability of the electricity grid in this period of rapid technological change, and producing cleaner energy—we need a more dynamic, holistic understanding of energy law. Examining the energy system as a whole reveals patterns across substantive areas and allows them to learn from one another.

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