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Renewable Energy Federalism

This abstract is adapted from Danielle Stokes, Renewable Energy Federalism, 106 Minn. L. Rev. 1757 (2022), and used with permission.

Regulating EV Batteries’ Carbon Footprint: EU Climate Ambition or Green Protectionism?

The European Union’s (EU’s) recent proposal for a new regulation on EV batteries is a groundbreaking effort, the first to focus on the entire value chain to improve product sustainability and safety throughout the life cycle. Battery producers inside and outside of the EU will have to meet a series of requirements, starting from carbon footprint declaration and related labeling to complying with life-cycle carbon footprint thresholds, for having their products placed in the EU market.

This Permit Reform Already Works. Why Aren't More Mining Projects Using It?

In January 2021, the mining sector was made eligible for coverage under the Fixing America’s Surface Transportation Act (FAST-41) program, a pilot project designed to expedite federal permitting. Although mining projects have been eligible for over two years, only recently was the first one posted on the Permitting Dashboard.

Crossed Wires and Split Circuits: Transmission Rights of First Refusal

As population growth and increased electrification rapidly raise demand for power, U.S. electric grids are struggling to keep pace, and the need for more transmission capacity is pressing. The U.S. Congress has delegated its interstate commerce authority to the Federal Energy Regulatory Commission to regulate interstate transmission rates. Meanwhile, states regulate intrastate transmission rates. What is perhaps surprising, though, is the fact that states generally have authority over the siting and construction of interstate transmission lines.

Regulating Biological Contamination at the Final Frontier

A robust and growing commercial space sector is moving ahead at warp speed. While the industry today primarily offers satellite and launch services, tomorrow will bring manufacturing, research and development, resource extraction, and space tourism. What do these developments mean for the earth’s biosphere, as well as for the environments of other celestial bodies finally within humanity’s reach? This is the role of planetary protection, the principle of safeguarding both terrestrial and extraterrestrial environments from humanity’s propensity for introducing pollution into any habitat.