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Energy Exactions

New residential and commercial developments often create costs in the form of congestion and burdens on municipal infrastructure. Citizens typically pay for infrastructure expansion associated with growth through their property taxes, but local governments sometimes use cost-shifting tools to force developers to pay for—or provide—new infrastructure themselves. These tools are forms of “exactions”—demands levied on developers to force them to pay for the burdens new projects impose.

Too Much Risk, Too Little Reward

The Federal Energy Regulatory Commission (FERC) is a little-known and too-often ignored federal authority with the power to block or rapidly accelerate the transition to a clean energy future, and is thus indispensable to addressing climate change. Institute for Policy Integrity scholars Bethany A. Davis Noll and Burcin Unel are to be applauded for bringing into focus a regulatory space that is essential to efforts to decarbonize the power sector.

Markets, Externalities, and the Federal Power Act: The Federal Energy Regulatory Commission's Authority to Price Carbon Dioxide Emissions

Electricity generation in the United States is one of the leading sources of greenhouse gas emissions, which cause severe climate change-related harms. Despite the severity of those harms, the Federal Energy Regulatory Commission (FERC), which regulates the interstate transmission and wholesale electricity markets, has avoided addressing the issue. FERC has historically shied away from environmental considerations in ratemaking.

Nebraska Public Power District v. Federal Energy Regulatory Commission

The Eighth Circuit upheld FERC's decision to place a Colorado energy wholesaler into Zone 17 of a regional transmission organization authorized by the Commission to provide electric transmission services across a multistate region. A member of Zone 17 argued that FERC's decision was arbitrary and ca...

Joint Application of Westar Energy, Inc. and Kansas Gas and Electric Co.

The Kansas Supreme Court held unlawful a rate design approved by the Kansas Corporation Commission under which utilities charged residential customers generating their own electricity from a renewable source (DG customers) a higher price than they charged non-DG customers. The utilities argued that ...

LSP Transmission Holdings, LLC v. Sieben

The Eighth Circuit upheld the dismissal of a constitutional challenge to Minnesota's right of first refusal (ROFR) law. An electric transmission company argued the law, which granted incumbent transmission owners a ROFR to construct, own, and maintain transmission lines that connect to their existin...

NextEra Energy Capital Holdings, Inc. v. Walker

A district court held that a Texas right-of-first-refusal law giving existing electricity transmission providers in the state a preference to build and operate new lines is constitutional. An energy company argued the Texas law barred it from obtaining a certificate of convenience and necessity for ...

Renewable Energy: Corporate Obstacles and Opportunities

In the absence of a national mandate to intensify use of renewable energy, many corporations are increasing their own reliance on renewables. Numerous utilities are likewise transitioning toward wind, thermal, and solar power. But renewable energy continues to face challenges, including battery storage, grid expansion and incorporation of renewables into the grid, initial project costs, and regulatory barriers. How are utilities and energy-consuming companies increasing their renewables portfolios while navigating this terrain?