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Agricultural Exceptionalism, Environmental Injustice, and U.S. Right-to-Farm Laws

While the environmental justice movement has gained traction in the United States, the relationship between agri-food systems and environmental injustices in rural areas has yet to come into focus. This Article explores the relationship between U.S. agricultural exceptionalism and rural environmental justice through examining right-to-farm laws.

Comment on Shelley Welton, Rethinking Grid Governance for the Climate Change Era

In Rethinking Grid Governance for the Climate Change Era, Shelley Welton has incisively described the underexplored institutional role of regional transmission organizations (RTOs) in facilitating decarbonization. As an attorney who advocates within the RTO stakeholder process, and before the Federal Energy Regulatory Commission (FERC) and the federal courts, I see firsthand how the RTO processes for identifying and addressing emerging issues can succeed or be derailed, and the limitations in FERC’s ability to proactively set these processes and their outcomes straight.

Comment on Rethinking Grid Governance for the Climate Change Era

In Rethinking Grid Governance for the Climate Change Era, Prof. Shelley Welton makes a compelling case for why “U.S. grid governance must be redesigned to accommodate a new era of regulatory priorities that include responding to climate change.” As the operators of regional electricity markets and managers of the transmission grid, Regional Transmission Organizations (RTOs) “must play a pivotal role” in achieving clean electricity goals.

Rethinking Grid Governance for the Climate Change Era

One central but under-scrutinized way that fossil fuel companies impede the clean energy transition is by essentially running the United States’ electricity grid, writing its rules to favor their own private interests. In most of the country, the electricity grid is managed by Regional Transmission Organizations (RTOs). RTOs are private membership clubs in which incumbent industry members make the rules for electricity markets and the electricity grid through private mini-democracies—with voting privileges reserved for RTO members—under broad regulatory authority.

30 by 30, Areas of Critical Environmental Concern, and Tribal Cultural Lands

President Joe Biden’s Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation’s lands and waters by 2030. To accomplish this ambitious “30 by 30” effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for conservation. This Comment examines "areas of critical environmental concern" and their potential role in the 30 by 30 program, particularly their potential to enlist tribal governments in helping to manage lands of tribal cultural significance. 

Federal Grazing Lands as “Conservation Lands” in the 30 by 30 Program

On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the “30 by 30” program to “conserve” 30% of the nation’s lands and waters by 2030, but to date, the Administration has yet to clarify the standards defining "conservation" lands. In September 2021, Nada Culver, the acting director of the Bureau of Land Management (BLM), and Chris French, the deputy chief of the Forest Service’s National Forest System (NFS) confirmed at an annual Public Lands Council meeting that they believe the nation’s grazing lands “should [be] include[d]” in the 30 by 30 count.

Building Better Building Performance Standards

Policymakers at the local, state, and federal levels are increasingly turning to building performance standards (BPSs) to reduce buildings’ contributions to climate change. A key question in designing BPSs is what “metric” the standards should use to gauge a building’s performance. This Comment provides general background information on the case for regulating energy use in buildings, reviews the two general categories of metrics in existing BPSs and explains why an energy efficiency-based standard is superior to a greenhouse gas-based standard, and highlights the findings from a study of N