Energy & Natural Resources Law
Article
The Water District and the State
In much of the American West, local special districts with undemocratic governance structures and archaic boundaries dominate water governance. In some places, they are expanding their reach into new policy realms. This Article explains how these governance systems evolved, why they are problematic,…
Feature
Public Utility’s Potential
State-level public utility commissions regulate our energy systems. But they are often viewed as ill-equipped to address climate change. This Feature counters that conventional wisdom by uncovering a forgotten history of New York’s energy transition, revealing that public utility’s potential to faci…
Forum
The New Oil and Gas Governance
Even as the United States has become the world’s leading producer of oil and gas, U.S. oil and gas governance has changed drastically. States have amended statutes, applied existing laws, and modified common law doctrine to move beyond a once-unilateral focus on maximizing production and address env…
Article
The Statutory Separation of Powers
Separation of powers operates as an underappreciated structural principle in subconstitutional domains. Using the relationship between federal energy agencies as its primary case study, this Article argues that Congress creates statutory schemes of separation, checks, and balances in its delegations…