Introduction: Themes in Energy Law

Abstract

Energy law is dynamic. The governance, environmental, and national security implications of the field are both far-reaching and part of what makes it an appealing and provocative field. Yet its ever-evolving range of issues can seem overwhelming and, at times, incohesive. In this first chapter of the 4th edition of Energy, Economics & the Environment, we offer a renewed focus on the unifying characteristics of energy law. Chapter 1 provides a framework for organizing and understanding energy law by introducing four recurring and cross-cutting themes: 1) ownership; 2) monopoly vs. competition; 3) externalities and risk concepts; and 4) public governance. These four themes have defined energy law since the area developed in the early twentieth century, and we believe that there is a durability to these themes. They will inform the future of energy law, even as the particular energy resources and issues that hold the attention of lawyers inevitably change. With Chapter 1’s theme-based framework in place, we provide a way to organize and understand the many topics presented in the remainder of the book.

Keywords: energy, environmental, textbook, casebook, governance, ownership, externalities, monopoly, risk