Structuring Better Caps for Sustainability Incentive Programs

35 Pages Posted: 23 Apr 2017

See all articles by Courtney Moran

Courtney Moran

Arizona State University (ASU), Sandra Day O'Connor College of Law, Students

Casey Ball

Arizona State University (ASU), Sandra Day O'Connor College of Law, Graduate

Date Written: March 21, 2017

Abstract

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

Moran, Courtney and Ball, Casey, Structuring Better Caps for Sustainability Incentive Programs (March 21, 2017). Idaho Law Review, Vol. 54, 2018 Forthcoming. Available at SSRN: https://ssrn.com/abstract=2955434

Courtney Moran

Arizona State University (ASU), Sandra Day O'Connor College of Law, Students ( email )

Box 877906
Tempe, AZ 85287-7906
United States

Casey Ball (Contact Author)

Arizona State University (ASU), Sandra Day O'Connor College of Law, Graduate ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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