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The Oak Ridge Cleanup: Protecting the Public or the Polluter?

The Oak Ridge Reservation is one of the largest U.S. Department of Energy (DOE) facilities in the country, with areas that are highly contaminated by chemicals, metals, and radionuclides. DOE is in the middle of a multi-decade, multi-billion-dollar cleanup there, and a recent Superfund decision for one portion of the site raises a number of significant legal issues. This Article addresses some related questions: Should radionuclides get less stringent cleanup than other equally harmful pollutants like mercury and polychlorinated biphenyls?

Solar Energy Industries Ass'n v. Federal Energy Regulatory Commission

The D.C. Circuit, 2-1, denied electric utility companies' challenge to FERC's order granting a solar company's application for certification of its solar array and battery storage facility in Montana as a qualifying facility under the Public Utility Regulatory Policies Act (PURPA). The companies arg...

Protect Our Aquifer v. Tennessee Valley Authority

A district court granted summary judgment for the Tennessee Valley Authority (TVA) in a challenge to its long-term contracts with local power companies. Conservation groups argued that the 20-year contracts, which contained automatic renewal provisions and flexibility provisions allowing the compani...

SDG 7: Affordable and Clean Energy

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. In a forthcoming book, leading legal scholars examine each of the SDGs and recommend a suite of government, private-sector, and civil society actions to help the United States achieve these goals. This Article is adapted from Chapter 7 of that book, Governing for Sustainability (John C. Dernbach & Scott E. Schang eds., ELI Press, forthcoming 2023).

Waste and Chemical Management in a 4°C World

Many chemicals and hazardous substances are kept in places that can withstand ordinary rain, but not severe storms or floods. If these events occur and the chemicals are released, people and the environment may be endangered. This Article discusses the hazards posed to chemical and waste disposal facilities by extreme weather events that would be worsened as a result of climate change, and how U.S. laws do (or do not) deal with these hazards; and considers how the law would need to change to cope with what would happen to these facilities in a potentially 4°C world.

Louisiana Public Service Commission

The Fifth Circuit ordered FERC to provide a meaningful explanation for the length of time it takes for final action in Federal Power Act §206 complaint proceedings, in a lawsuit concerning complaints that have gone four to six years without resolution. The Louisiana Public Service Commission petiti...