Energy, Economics and the Environment

Joel B. Eisen, University of Richmond School of Law

Emily Hammond, George Washington University Law School

Joshua Macey, University of Chicago Law School

Jim Rossi, Vanderbilt University Law School

David B. Spence, University of Texas School of Law

Hannah J. Wiseman, Penn State University Park

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Table of Contents

Teacher's Manual

Energy law is a dynamic field, and new developments since the book’s Fifth Edition have significantly impacted its landscape. Although every chapter of the book has been updated, significant changes to content in the Sixth Edition include:

• In many chapters, exploration and analysis of the most significant federal climate legislation in the history of the United States—the Inflation Reduction Act and Infrastructure Investment and Jobs Act—and the central focus of this legislation on low-carbon energy resources.
• Expanded analysis of the critical nature of a larger and more interconnected transmission grid to support low-carbon energy; hurdles to this expansion; and legal and policy changes in the areas of cost allocation and transmission planning that may help to overcome some of these hurdles or create further challenges.
• More detailed and expansive discussion of the increasingly contentious area of the siting of new interstate natural gas pipelines, including eminent domain and energy justice issues in this context.
• Substantially updated and expanded discussion of modern energy storage technologies.
• Discussion of Dine Citizens Against Ruining Our Environment v. Bureau of Indian Affairs, a Ninth Circuit case addressing the sovereign immunity of American Indian tribes.
• Analysis of the implications of Sackett v. EPA—an important U.S. Supreme Court case addressing federal jurisdiction over water—in the chapters addressing hydroelectricity and coal.
• Emphasis on the devastating impacts of the Winter Storm Uri blackout on the U.S. South—particularly in Texas—and the electric grid and natural gas vulnerabilities that the storm highlighted, as well as discussion of responses to the blackout.
• A wholly revamped discussion of the Dormant Commerce Clause and its prevalence in the energy sector, and an edited version of National Pork Producers Council v. Ross (2023).
• In the Oil and Gas chapter, a new section on subsurface energy, including analysis of how subsurface pore space will raise more property rights issues as numerous uses of the surface emerge to mitigate and adapt to climate change, including geologic carbon sequestration, subsurface water storage, hydrogen storage, and geothermal energy development, for example.
• Substantial updates on energy statistics in every chapter, such as the share of renewable energy generation in the United States, declining costs of renewable energy, changes to coal production and exports, and declining numbers of active nuclear power plant projects.
• Expanded discussion of growing incentives for electric vehicles and the hurdles to achieving an electrified transportation system.

Learn more about this series.