The newly redesigned Energy Law Prof blog is now located at Please update your blog subscription for future posts. *          *           * Prof. Don Smith, Editor of the Journal of Energy & Natural Resources Law, asks me to pass on the following announcement: The Journal of Energy & Natural […]

Today the United States Supreme Court held that the Environmental Protection Agency (EPA) improperly refused to consider costs when determining whether it was “appropriate and necessary” to regulate mercury emissions from power plants under the Clean Air Act. Ultimately, EPA may be able to keep the same rules after going back and explaining why the […]

My recent study compared what oil companies told two audiences—regulators and investors—about how new environmental rules would affect them. It showed that the companies told the two audiences two very different stories: companies warned the Environmental Protection Agency (EPA) that the rules would be unworkable but securities disclosures reassured investors that the rules would be manageable. To give EPA industry’s honest […]

Yesterday, the U.S. Supreme Court held that the federal Natural Gas Act does not preempt the field of state antitrust regulation of natural gas prices, which means states can apply their own policies to natural gas sales as long as those policies do not conflict with federal law. Vanderbilt’s Jim Rossi has just posted an analysis of […]

By James Coleman & Martin Olszynski Last week, a group of economists known as “Canada’s Ecofiscal Commission” issued a much-discussed report that urged Canada’s individual provinces to drive Canadian climate policy by adopting their own carbon pricing schemes. But the report barely touched on one of the key challenges for provincial or state regulation without the support […]

I hope you’re enjoying the newly redesigned Energy Law Prof blog, which is now located at If you are announcing a conference in energy/climate/environmental law or policy, please just send me a post in the format below and I’ll be happy to post it. Here’s the example that I’ve been asked to post today: Christine Skrzat […]

Corporations regularly complain that new regulations will harm their business and the broader economy. How seriously should we take those warnings? I’ve just posted a paper that presents a way of answering this perennial question. It’s often said that corporations, “Cry Wolf,” falsely predicting that rules will be very costly. A prime example comes from 1970 […]


Get every new post delivered to your Inbox.

Join 35 other followers