Beyond Fukushima: Disasters, Nuclear Energy, and Energy Law

54 Pages Posted: 21 Feb 2012

See all articles by Lincoln L. Davies

Lincoln L. Davies

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: December 20, 2011

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.

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

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: https://ssrn.com/abstract=2008401

Lincoln L. Davies (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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