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Joseph Tomain

Dean Emeritus and Wilbert and Helen Ziegler Professor of Law

Joseph P. Tomain is Dean Emeritus and the Wilbert & Helen Ziegler Professor of Law at the University of Cincinnati College of Law.

Joseph Tomain | December 15, 2016

The Trump Troika and Regressive Energy Policy

As President-elect Donald Trump continues to shape his cabinet, we are seeing plenty of indications of how agencies like the Department of Energy, the Environmental Protection Agency (EPA), and even the State Department will approach energy and environmental policy. Trump’s stated policy preferences and those of his nominees threaten to upend decades of progress toward […]

Joseph Tomain | December 12, 2016

An Uncertain Anniversary

This blog post is based on the Introduction to my forthcoming book, Clean Power Politics: The Democratization of Energy (Cambridge University Press, 2017). One year ago, 195 nations met in Paris and signed what has been hailed as an historic climate agreement.1 To date, 116 parties have ratified the convention, and it went into force […]

Joseph Tomain | October 1, 2015

Nudging Utilities Into the Future

Two of the most important aspects of the Clean Power Plan (CPP) are the flexibility afforded states as they design compliance strategies and the plan’s openness to all energy resources. A state can satisfy its emission-reduction targets through the use of cleaner or more efficient coal-fired generation, natural gas or nuclear power as well as […]

Joseph Tomain | September 2, 2015

From Energy Consumerism to Democratic Energy Participation

The essence of the argument that a new energy and environmental politics is needed is based on the idea that our traditional energy path (as well as its underlying assumptions) has outlived its useful life; the traditional energy narrative is stale. Cheap, but dirty, fossil fuel energy has played a significant role in contributing to […]

Joseph Tomain | August 28, 2015

Katrina and the Democratization of Energy

Natural disasters such as Hurricane Katrina,1 Superstorm Sandy,2 and the typhoon that devastated Fukushima,3 as well as technical weaknesses that caused the Northeast blackout in October 2003,4 and regulatory failures that ended California electric industry restructuring efforts5 share two commonalities.  First, they all affect the energy system at enormous costs in economic losses and in disrupted lives.6 Indeed, severe weather events […]

Joseph Tomain | June 9, 2014

Clean Energy Politics

The EPA’s June 2, 2014 announcement of a Clean Power Plan is momentous. On the surface, its scope, complexity, potential for myriad legal challenges and, not to mention, the difficulty of gathering reliable cost and benefit data, make it so. Mothers should advise their children to grow up to be energy lawyers, not cowboys.  However, what […]

Joseph Tomain | January 27, 2014

US Chamber of Commerce: More of the Same

Recently, the U.S. Chamber of Commerce released a report entitled Energy Works for US: Solutions for America’s Energy Future.  The data and references in the report are largely accurate, as far as they go, and the report promotes energy efficiency, which is a welcome step.  Ultimately, though, the report is unreliable because it has too […]

Joseph Tomain | January 8, 2014

The clean energy wager

In his 2013 book, The Bet, Yale historian Paul Sabin uses Paul Ehrlich and Julian Simon as foils to explain today’s dysfunctional and polarized politics surrounding energy development and environmental protection. In 1980, Ehrlich and Simon bet each other on the price of five minerals (chromium, copper, nickel, tin, and tungsten.) Ehrlich, a neo-Malthusian, and father […]

Joseph Tomain | March 1, 2013

Nuclear Power and Clean Energy Policy

As we consider designing a future clean energy policy, nuclear power cannot be ignored because of its near zero carbon emissions even when considering the entire nuclear fuel cycle.  It is also the case that public opinion of nuclear power has been increasingly positive, largely for those environmental reasons, though certainly it decreased after the accident […]