Pitfalls Along the Brave New Energy Federalism Path
Texas Law Review See Also (2017)
10 Pages Posted: 4 Aug 2017
Date Written: August 3, 2017
In his Texas Law Review article, The Brave New Path of Energy Federalism, Professor Jim Rossi takes an insightful and comprehensive study of the federalism implications of three recent Supreme Court decisions. After decades of judicial precedent interpreting the Federal Power Act and the Natural Gas Act as dividing energy authority between federal and state actors along bright lines, these opinions have breathed new life into a more case-by-case approach to energy federalism disputes. Professor Rossi has argued persuasively that recent Supreme Court jurisprudence has limited dual sovereignty’s role as the organizing federalism principle under energy statutes. Alternatively, Professor Rossi’s novel approach argues for concurrent jurisdiction over energy. Instead of a default to preemption principles that further entrench the idea of separate spheres, Professor Rossi urges a pragmatic focus on the purposes behind each regulator’s actions. While a move away from harsh preemption is tempting, this response illustrates a few obstacles associated with its implementation.
Keywords: federalism, energy, clean energy, Federal Power Act
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