Vol. 39 No. 3


By: Alice Kaswan The existing and expected impacts of climate change are increasingly well-documented.   Recent hurricanes,  wildfires,  and heat waves  provide dramatic examples of what climate change portends, even if no single event can be directly attributed to climate change.  The scale of anticipated climate change poses profound challenges to existing governance norms.  This Article addresses one of those norms: the norm of local control over land use.  Through an in-depth assessment of the federalism values that guide jurisdictional choices, it argues that a multilevel governance approach that supplements local control with federal parameters and resources is necessary to adequately prepare for climate change and to meet the wide range of local, state, and federal interests at stake.  

Climate Adaptation and Land Use Governance: The Vertical Axis


By: Andrew H. Meyer Until recently, the most advanced form of grid-deployed energy storage  involved pumping water up a hill.   But “newer storage technologies like flywheels and chemical batteries have recently achieved technological maturity and are well into successful pilot stages and, in some cases, commercial operation.”   If widely adopted, these new energy storage technologies will fundamentally alter the operation of our electricity system. … Laudably, FERC has proactively addressed some particular barriers to storage, but many significant barriers remain.   This Article aims to identify these barriers and offer pathways around them.  Part I introduces energy storage, particularly its history, operational uses, and benefits.  Part II introduces federal electricity regulation and analyzes various FERC-jurisdictional opportunities and barriers to energy storage.  It also highlights recent FERC actions that proactively address or incidentally affect energy storage resources.  Finally, Part III proposes actions FERC should take to remedy identified barriers. […]

Federal Regulatory Barriers to Grid-Deployed Energy Storage