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Alexandra Klass | May 22, 2014

State Energy Policy and the Commerce Clause: Spotlight on Colorado and Minnesota

Within the past month, two federal district courts—one in Colorado and one in Minnesota—have issued important decisions on the constitutionality of state clean energy policies. Both cases raised the same legal issue, namely, whether the state laws in question regulate extraterritorially in violation of the dormant Commerce Clause of the U.S. Constitution. But the courts […]

Alexandra Klass | September 20, 2013

EPA’s Authority to Impose Emissions Regulations is Clear under the Clean Air Act

This entire week, the coal industry and electric utilities have been decrying the EPA’s proposed rule, released today, limiting CO2 emissions from new coal-fired power plants. Experts predict the proposed rule will place limits on coal-fired power plants that will make them impossible to operate in the absence of carbon capture and sequestration (CCS) technology, […]

Alexandra Klass | February 8, 2013

The Legacy of Subsidizing Fossil Fuels

Often lost in today’s debates over whether to continue tax benefits for renewable energy is a historical perspective on the significant support the federal government has provided and continues to provide the fossil fuel industry. Tax benefits for the energy industry as a whole totaled over $20 billion in 2011, which is, and historically has […]

Alexandra Klass | February 4, 2013

Climate Progress Possible With Energy Efficiency Standards for Appliances — Under Laws Congress Already Passed

President Obama’s focus in his second inaugural address on the need to address climate change was welcome after many months of near silence on this critical issue. While tackling climate change will require significant efforts limiting emissions from power plants, automobiles, and other sources, the President has recognized in the past that improving energy efficiency […]

Alexandra Klass | July 13, 2012

Federalism at Work: Recent Developments in Public Trust Lawsuits to Limit Greenhouse Gas Emissions

In a CPRBlog post in May 2011, I discussed the lawsuits filed on behalf of children against all 50 states and several federal agencies alleging that these governmental entities have violated the common law public trust doctrine by failing to limit greenhouse gas emissions that contribute to climate change.  The suits were filed by Our […]

Alexandra Klass | August 8, 2011

Nevada Court’s Public Trust Decision A Welcome Addition to Growing Body of Protection for State Lands and Resources

Last month, the Nevada Supreme Court held in Lawrence v. Clark County that the public trust doctrine limited the ability of the state to freely alienate certain lands that, though dry at the time of the decision, were submerged under navigable waters at the time of statehood. The case is significant for at least two reasons. First, […]

Alexandra Klass | May 6, 2011

Will the Atmosphere Make it as the Public Trust Doctrine’s Next Frontier?

On Wednesday, Our Children’s Trust, an Oregon-based nonprofit, made headlines when it began filing lawsuits on behalf of children against all 50 states and several federal agencies alleging that these governmental entities have violated the common law public trust doctrine by failing to limit greenhouse gas emissions that contribute to climate change.  The claims seek […]

Alexandra Klass | January 13, 2011

Missing the Lessons of the BP Spill

The report of the President’s Gulf Oil Spill Commission answered some questions and raised others. But one thing still puzzles: Why didn’t the Gulf Oil Spill start a national conversation about our dependence on oil development and the need for renewable energy? At first, it appeared it might, but the focus quickly turned to reforming […]

Alexandra Klass | May 11, 2010

Federal Task Force on Carbon Capture and Sequestration Will Need to Grapple With Property Rights Law

A federal task force of the EPA and a host of federal agencies are  currently working on a proposal, due to President Obama by June, on carbon capture and sequestration (CCS) policy; they’re now holding a series of public meetings (for background on CCS generally, see the CPR Perspective I wrote examining some of the arguments […]