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Flowing Water, Flowing Costs: Assessing FERC’s Authority to Decommission Dams

This year, 2019, marks the 20th anniversary of the removal of the Edwards Dam, one of the first functioning hydroelectric dam to be decommissioned and removed in the United States. It was also the first to be removed under the Federal Energy Regulatory Commission’s (FERC’s) asserted power to compel such a removal without compensation, an assertion raising legal questions that have yet to be fully resolved. As our hydroelectric infrastructure continues to age, these questions may again come to the forefront.

National Audubon Society v. United States Army Corps of Engineers

A district court granted summary judgment to the U.S. Army Corps of Engineers in a challenge to the Corps' approval of construction of a terminal groin to mitigate shoreline erosion in a North Carolina town. A conservation group first argued that the third-party contractor who submitted the permit a...

EPA’s Existing Authority to Impose a Carbon “Tax”

A number of bills have been introduced in recent years to put a price on carbon via a federal carbon tax. These proposals generally proceed from the implicit assumption that the federal government in general, and the U.S. Environmental Protection Agency (EPA) in particular, does not already have such authority. That is incorrect. Under a federal statute that has been on the books since 1952, EPA could impose a carbon “tax” any time an administration in power is willing to do so.

Strategizing Against the Flame: What’s Next for California’s Wildfires?

The 2018 wildfire season was the deadliest and most destructive on record in California, destroying thousands of structures. Gov. Gavin Newsom created a strike force to develop a comprehensive strategy to address the destabilizing effect of wildfires on the state’s electric utilities. In April 2019, the strike force issued a report outlining a vision for clean energy policies to reduce the impacts of climate change on wildfire risk, and in July, the newly created Commission on Catastrophic Wildfire Cost and Recovery released its recommendations.

Southeast Alaska Conservation Council v. United States Forest Service

A district court preliminarily enjoined the U.S. Forest Service from allowing any timber harvesting, road construction, or other ground-disturbing activities associated with the Service's authorization of a timber sale in Tongass National Forest. Environmental groups, whose members use areas that wo...