Energy Law and Policy (3d ed. 2022)

35 Pages Posted: 22 Dec 2021

See all articles by Lincoln L. Davies

Lincoln L. Davies

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

Alexandra B. Klass

University of Michigan Law School

Hari M. Osofsky

Northwestern Pritzker School of Law

Joseph P. Tomain

University of Cincinnati - College of Law

Elizabeth J. Wilson

Dartmouth College; Dartmouth College

Date Written: December 22, 2021


Energy Law and Policy (West Academic Publishing 3d ed. 2022) serves as a guide to the subject for students who seek to practice in the field, and anyone interested in better understanding this critical area of law. It introduces the key federal, state, and local government actors shaping energy issues and explores the multi-jurisdictional approach to energy regulation pervasive in the United States. The book explains the foundations of the laws and policies governing energy extraction, use, markets, and disposal. It covers how we make energy from renewable and non-renewable resources and examines the future of the energy sector in light of new technologies, market trends, emerging risks, and the need for greater equality. We use a systemic approach that allows for a deeper exploration of the linkages between the resources, technologies, law, policy, and markets that make up our core energy systems, including electricity and transportation. In doing so, we organize the book around three themes: (1) the appropriate relationship between regulation, markets, and technological innovation; (2) the federalism issues that arise from the interaction of key regulatory actors; and (3) the transition to cleaner energy.

The third edition expands and deepens coverage in important ways from prior editions: (1) updated treatment of state and federal policy initiatives such as community solar, 100% clean energy laws, energy transition, and energy markets; (2) an entirely new chapter on how climate change risks and initiatives are shaping the energy sector, including domestic and international net zero energy goals and widespread adoption of electric vehicles; (3) integration of energy and environmental justice concerns throughout the book; (4) expanded discussion of energy leasing and extraction on private and federal lands, including solar, geothermal, and onshore and offshore wind energy, and the critical role of energy efficiency; (5) in-depth coverage of new energy-related executive orders, regulations, and policy shifts since the start of the Biden Administration; and (6) enhanced attention to controversial energy transport projects, including oil and natural gas pipelines, fossil fuel export terminals, and long-distance electric transmission lines.

The book is divided into three parts. Part I focuses on the legal implications of the energy system and the primary sources that it uses. Within Part 1, Chapter 1 begins with an overview of the integrated physical, market, and regulatory aspects of the energy system, and introduces core themes of the book. Chapter 2 furthers that discussion by introducing some of the basic metrics used by energy industries and their regulators, and by providing an overview of the primary sources of energy. Chapter 3 focuses on energy extraction and the various ways in which natural resources are obtained to produce useable energy. Part II introduces the electricity and transportation systems, considers how they and the law that regulates them have evolved over time, and explores the major transitions that they face. Within Part II, Chapters 4 and 5 first describe the electricity system, with Chapter 4 explaining traditional utility regulation and Chapter 5 describing the changes and challenges that the electricity industry has confronted over the last few decades because of significant restructuring. Part II then examines the transportation sector, with Chapter 6 focusing on vehicle transportation and Chapter 7 explaining the laws governing transportation of energy by railroad, pipelines, and electric transmission lines. Finally, Part III is an intentional departure from traditional energy law casebooks and consists of case studies of the emerging energy law and policy issues that can facilitate a transition from the traditional fossil-fuel model of energy policy to a clean energy economy. Within Part III, Chapter 8 examines grid modernization, Chapter 9 explores hydraulic fracturing and offshore fossil fuel and renewable energy development, Chapter 10 considers the continuing role of nuclear energy, and Chapter 11 addresses the concept of Net Zero Energy and energy innovation with case studies on technologies associated with electric vehicles and carbon capture and storage (CCS).

Keywords: energy law, nuclear energy, carbon capture and storage, renewable energy, wind, solar, fossil fuels, energy extraction, ratemaking, electricity regulation, electric vehicles, energy innovation, hydraulic fracturing, offshore oil and gas development, offshore wind development

JEL Classification: Q2, Q3, Q4, Q5

Suggested Citation

Davies, Lincoln L. and Klass, Alexandra B. and Osofsky, Hari M. and Tomain, Joseph P. and Wilson, Elizabeth J., Energy Law and Policy (3d ed. 2022) (December 22, 2021). Available at SSRN: or

Lincoln L. Davies

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

55 West 12th Avenue
Columbus, OH 43210
United States

Alexandra B. Klass (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

Hari M. Osofsky

Northwestern Pritzker School of Law ( email )

375 East Chicago Avenue
Chicago, IL 60611-3069
United States

HOME PAGE: http://

Joseph P. Tomain

University of Cincinnati - College of Law ( email )

P.O. Box 210040
Cincinnati, OH 45221-0040
United States
513-556-6805 (Phone)
513-556-6265 (Fax)

Elizabeth J. Wilson

Dartmouth College ( email )

Hanover, NJ 03755
United States
6036461687 (Phone)
03755 (Fax)

Dartmouth College ( email )

Environmental Studies Department
Steele Hall
Hanover, NH 03755
United States

HOME PAGE: http://

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