Federalism and Energy in the United States

Second Annual Conference on Federalism and Energy

Thursday, November 14 - Friday, November 15, 2013

Agenda | Registration

The Second Annual Searle Center Conference on Federalism and Energy in the United States is organized by David A. Dana, Kirkland & Ellis Chair, Northwestern University School of Law.

The conference is co-sponsored by the Institute for Sustainability and Energy at Northwestern University (ISEN).


Papers and Background Materials

Session One-Clean Air Act, Greenhouse Gasses, and Cooperative Federalism

Power Sector Opportunities for Reducing Carbon Dioxide Emissions: Michigan, World Resources Institute

Power Sector Opportunities for Reducing Carbon Dioxide Emissions: Ohio, World Resources Institute

Power Sector Opportunities for Reducing Carbon Dioxide Emissions (Appendix A: Detailed Overview of Methods), World Resources Institute

State of Kentucky Report regarding the recommended structure for carbon controls for existing power plants
Submitted by David R. Wooley, Keyes, Fox & Wiedman LLP, Distributed Generation & Renewable Energy Law

Presidential Memorandum - Power Sector Carbon Pollution Standards

The President's Climate Action Plan

Executive Order - Preparing the United States for the Impacts of Climate Change (issued November 1, 2013)

Closing the Power Plant Carbon Pollution Loophole: Smart Ways the Clean Air Act Can Clean Up America’s Biggest Climate Polluters

Who Pays for Climate Change?

Coalition for Responsible Regulation v. EPA (panel decision statement)

Coalition for Responsible Regulation v. EPA  (en banc denial statement)

Session Two-Federalism Issues In Electricity Production, Transmission, and Distribution

“The Evolution of the Market for Wholesale Power”
Daniel F. Spulber, Kellogg School of Management, Professor of Law
R. Andrew Butters, Kellogg School of Management, Northwestern University

“Takings and Transmission”
Alexandra B. Klass, University of Minnesota Law School

"Smart Grid Federalism: The Search For Appropriate Models"
Joel B. Eisen, Professor of Law, Austin Owen Research Fellow, University of Richmond School of Law


Session Three-Federalism and the Rise of Natural Gas

"Fixing the Information Deficit in Federalism"
Hannah Wiseman, Florida State University, College of Law

"The Shale Oil and Gas Revolution, Hydraulic Fracturing, and Water Contamination: A Regulatory Strategy"
Thomas W. Merrill, Columbia Law School
David Schizer, Columbia Law School

“Four Questions About Fracking”
Thomas W. Merrill, Columbia Law School

"Policy Diffusion and the (Re)Federalization of Fracking Regulation"
Michael Burger, Roger Williams University School of Law

Capturing the Price of Opposition (presentation slides)
Joel F. Zipp, Senior Counsel, Holland & Knight

Session Four-The Dormant Commerce Clause and Preemption As Limits on State Regulatory Innovation: California's Cap-and-Trade and Low-Carbon Standard Experiments

S. Ferrey, “Threading the Constitutional Needle with Care,” 7 University of Texas Journal of Oil, Gas and Energy Law 59 (2012)

 

REGISTRATION

Attendance for the conference is by invitation only and space is limited. To request an invitaiton please send a message that includes your full profesional contact information to d-gundersen@law.northwestern.edu.


First Annual Conference on Federalism and Energy

Thursday, March 1 - Friday, March 2, 2012

Conference Agenda | Conference Photos

The Searle Center Conference on Federalism and Energy in the United States is organized by David A. Dana, Stanford Clinton Sr. and Zylpha Kilbride Clinton Research Professor of Law, Associate Dean of Academic Affairs: Faculty & Research.

Conference panels will include Hydro-Fracking, The Electricity Grid, and Preemption and Climate Change.

This conference is co-sponsored by the Initiative for Sustainability and Energry at Northwestern University.

Confirmed Speakers

  • David E. Adelman, University of Texas, Austin
  • Rich Boucher, Partner, Government Strategies Group, Sidley Austin LLP and former 14 term Congressman, U.S. House of Representatives, Virginia’s 9th District
  • William W. Buzbee, Emory University School of Law
  • John T. Colgan, Illinois Commerce Commission (ICC)
  • James L. Connaughton, Executive Vice President of Corporate Affairs, Public and Environmental Policy at Constellation Energy and former chairman of the White House Council on Environmental Quality and Director of the White House Office of Environmental Policy
  • David A. Dana, Northwestern Law
  • Joshua Paul Fershee, The University of North Dakota Law School
  • Craig Glazer, PJM Interconnection
  • Robert L. Glicksman, The George Washington University Law School
  • Terry Harvill, ITC Holdings Corporation
  • David R. Hill, Sidley Austin LLP
  • Lynne Kiesling, Northwestern University
  • Alexandra B. Klass, University of Minnesota Law School
  • Christopher S. Kulander, Texas Tech University School of Law
  • Howard Learner, Environmental Law and Public Policy Center
  • Hari Osofsky, University of Minnesota Law School
  • Garrick B. Pursley, The University of Toledo College of Law
  • David B. Spence, McCombs School of Business, University of Texas at Austin
  • Daniel F. Spulber, Kellogg School of Management, Northwestern University
  • David Vitale, ISO New England Board
  • Hannah Wiseman, Florida State University College of Law

Papers

Session One: Electricity Grid, Transmission Siting, and Federalism

"Restructuring a Green Grid: Legal Challenges to Accommodate New Renewable Energy Infrastructure" (Background Paper submitted by Hari Osofsky)
Steven Ferrey, Suffolk University Law School

Session Two: Competition in Pricing and Delivery and Federalism

"Promoting Innovation in the Electricity Industry" (Background Paper submitted by Lynne Kiesling)
Lynne Kiesling, Distinguished Senior Lecturer, Economics Department, Northwestern University

"The Knowledge Problem, Learning, and Regulation: How Regulation Affects Technological Change in the Electric Power Industry" (Background Paper submitted by Lynne Kiesling)
Lynne Kiesling, Distinguished Senior Lecturer, Economics Department, Northwestern University

Session Three: Hydro-Fracturing, State Regulation and the Federal Role

"American Law and Jurisprudence on Fracing-2012" (Background Paper submitted by Chris Kulander)
Chris S. Kulander, Assistant Professor of Law, Texas Tech University School of Law

"State and Local Regulation of Shale Oil and Gas Development: Adaptation, Experimentation, or Chaos?" (Background Paper submitted by Hannah Wiseman)
Hannah Wiseman, Assistant Professor, Florida State University College of Law

"Unblocking Cooperative Energy Governance"
Garrick B. Pursley, Assistant Professor of Law, Texas Tech University School of Law

"Federalism, Regulatory Lags, and Energy Production"
David B. Spence, Associate Professor, Law, Politics & Regulation and Co-Director, Energy Management & Innovation Center, McCombs School of Business, University of Texas at Austin

Session Four: Preemption, Federalism, and Climate Change

"A Multi-Dimensional Framework for Reallocating Government Authority in Response to Regulatory Stress: The Climate Change Adaptation Example" (Background Paper submitted by Robert Glicksman)
Robert L. Glicksman, J. B. and Maurice C. Shapiro Professor of Environmental Law, The George Washington University Law School

"Interstate Transmission Challenges for Renewable Energy: A Federalism Mismatch"
Alexandra B. Klass, Professor of Law, Associate Dean for Academic Affairs, Solly Robins Distinguished Research Fellow, University of Minnesota Law School

Location of Conference

Northwestern University School of Law
Wieboldt Hall (Room #147)
340 E. Superior Street
Chicago, IL 60611

Contact

For more information regarding this conference or other initiatives of the Searle Center, please call (312) 503-1811 or send an email to searlecenter@law.northwestern.edu.