Green startups play a crucial role in the transition to a sustainable economy, yet there is a gap in the literature about the legal and policy challenges these startups face. This Article seeks to fill that gap through interviews, surveys, and focus groups with senior law firm partners experienced in advising green startups, senior pro bono counsel and staff, chief executive officers of early-stage green startups, and senior staff at nonprofit legal aid groups.

The Securities and Exchange Commission’s (SEC’s) Climate Disclosure Rule has provoked heated controversy on many fronts. Several commenters have argued that the First Amendment precludes the SEC from demanding climate-related disclosures. This Article grapples with the unsettled state of “compelled commercial speech” doctrine, arguing that the rule’s constitutionality should be scrutinized using the prevailing rational basis test, and that even under the intermediate scrutiny test, the rule should be upheld.

Agrivoltaics, the concept of using solar energy systems to enhance agricultural production and generate renewable energy on the same plot of land, offers a lifeline to beleaguered farmers and  communities facing water shortages, cost increases, and marginal agricultural profitability. This concept seeks to aid California in its ambitious renewables portfolio standard, and could reduce the impacts of climate change and the toll agricultural operations take on the San Joaquin Valley’s groundwater resources.

Oil companies and their agents have been actively involved in creating and propagating climate change disinformation for the past half-century. In response to this deception, more than two dozen American states and cities have sued these companies under traditional tort-based causes of action like public nuisance, fraud, negligence, and failure to warn, alleging that the companies fueled uncertainty about climate science and undercut public support for necessary climate action.

More severe storm surges and rising sea levels along the coast of the United States pose a threat to coastal communities, infrastructure, and ecosystems.

The Inflation Reduction Act and other policies are pushing solar, wind, and other clean energy technologies into the marketplace. But these generators struggle to make the physical connection to the electricity market because interconnection is proving to be a bottleneck; over 2,000 gigawatts of capacity are waiting to connect to the grid. This Article examines the Federal Energy Regulatory Commission’s (FERC’s) regulations that govern the entry of new generation resources onto the grid.

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

This abstract is adapted from Albert C. Lin, Making Net Zero Matter, 79 Wash. & Lee L. Rev. 679 (2022), and used with permission.

This abstract is adapted from Avi Zevin et al., Building a New Grid Without New Legislation: A Path to Revitalizing Federal Transmission Authorities, 48 Ecology L.Q. 169 (2021), and used with permission, and was discussed on a public webinar hosted by the Environmental Law Institute.

This abstract is adapted from Cass R. Sunstein, Arbitrariness Review and Climate Change, 170 U. Pa. L. Rev. 991 (2022), and used with permission.