Structuring Better Caps for Sustainability Incentive Programs
35 Pages Posted: 23 Apr 2017
Date Written: March 21, 2017
In recent years, policymakers who are eager to promote the development and adoption of environmentally sustainable technologies have too often ignored certain important regulatory principles when crafting incentive programs. Some approaches to limiting and winding down sustainability incentive programs have proven to be inefficient and unjust. This Article argues that state and federal lawmakers could better promote economic efficiency and equity in sustainability-oriented policy design by more consistently adhering to the principles of gradualism, adequate notice, and respect for investment-backed expectations in this area of the law. Using examples of deficiencies in certain net metering program caps, tax credit program sunsets, and HOV lane access rules for electric cars, the Article illustrates the importance of these core regulatory principles and advocates for a greater focus on them in the structuring of limits on sustainability incentive policies.
Keywords: Nevada, Oklahoma, Louisiana, Tax Credits, Net Metering, Solar, Wind, Incentive Programs
Suggested Citation: Suggested Citation