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Joel Eisen

Professor of Law

Joel Eisen | March 30, 2018

Coal and Nuclear Plant Bailout Would Be Unjustified Use of DOE’s Emergency Authority

It's no secret that the Trump administration and coal companies have drawn a bullseye on reversing coal's declining fortunes in wholesale electricity markets, where competition and inexpensive natural gas have driven coal's market share down from 50 percent in 1990 to about 30 percent today. Feeling bullish about their prospects in a sympathetic administration, owners […]

Joel Eisen | January 16, 2015

Government Files Petition for Certiorari in FERC Demand Response Case

As expected, yesterday the Solicitor General filed a petition for certiorari to the Supreme Court in FERC v. Electric Power Supply Association, asking the Supreme Court to review a May 23, 2014 decision from a divided panel of the D.C. Circuit that invalidated FERC’s Order 745. Order 745 directs Regional Transmission Organizations (RTOs) and Independent […]

Joel Eisen | May 30, 2014

D.C. Circuit Vacates FERC Smart Grid “Demand Response” Rule

Last Friday (May 23), in Electric Power Supply Association v. FERC, a D.C. Circuit panel split 2-1 and vacated Order 745, a Federal Energy Regulatory Commission (FERC) rule designed to promote “demand response” (DR). DR is a rapidly growing and valuable means of reducing electricity demand, thereby benefiting consumers and the environment. It is also an important […]