Abstract

http://ssrn.com/abstract=2008401
 
 

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Beyond Fukushima: Disasters, Nuclear Energy, and Energy Law


Lincoln L. Davies


University of Utah - S.J. Quinney College of Law

December 20, 2011

Brigham Young University Law Review, Vol. 2011, pp. 1937-1989

Abstract:     
Nuclear power long has held a precarious position in our energy landscape. In the aftermath of the meltdown at Fukushima Daiichi in Japan, the question of nuclear power’s future is as pressing as ever. Using Fukushima as a template, this article examines the role that disasters play in shaping energy law and policy. It argues that by focusing on disasters, energy law becomes shortsighted. Its evolution is often both reactionary and incremental — reactionary because changes in the law respond only to the immediate crisis, incremental because those changes do not address the crises’ root causes. As Fukushima makes clear, this exposes a dual flaw in U.S. energy policy: Our energy laws need to look more to sustainability, and they must include heavier doses of planning. The article begins by sketching the events that caused the Fukushima disaster, tracing three nation’s reactions to it, and then conceptualizing the role that disasters play in energy law.

Number of Pages in PDF File: 54

Keywords: Nuclear energy, Fukushima, disasters, energy law, energy policy, environmental law, sustainability, planning

JEL Classification: Q4, Q41, Q42, Q48, K19, K32, l52,L94, L97, L98, N50, N70, 020, 030, 033, 038, Q30, Q20

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Date posted: February 21, 2012  

Suggested Citation

Davies, Lincoln L., Beyond Fukushima: Disasters, Nuclear Energy, and Energy Law (December 20, 2011). Brigham Young University Law Review, Vol. 2011, pp. 1937-1989. Available at SSRN: http://ssrn.com/abstract=2008401

Contact Information

Lincoln L. Davies (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States
HOME PAGE: http://www.law.utah.edu

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