Ninth Circuit Review editor's note.
Author | Bruce, Jenna |
I am very proud to present the 2012-2013 Ninth Circuit Environmental Review. This review contains twenty-nine summaries of Ninth Circuit Court of Appeals' decisions on environmental and natural resources topics, issued between March 2012 and March 2013. The review also includes two chapters authored by Ninth Circuit Review members. Both chapters closely examine issues raised by two summarized opinions.
In the first chapter, Jess Kincaid examines electricity generation and transmission regulation. She provides in-depth context to the City of Redding California w. FERC Ninth Circuit decision. Her chapter discusses how electricity regulation in the United States has resulted in oversupply in the Northwest and caused rolling blackouts and market manipulation in California. Ms. Kincaid provides an overview of the current system of electricity regulation, discusses current transmission upgrades to the U.S. electric system, and recommends an improved regulatory system that minimizes cost increases for consumers while addressing a piecemeal and problematic regulatory regime.
In the second chapter, JJ England explores preemption doctrine in the context of the Clean Air Act. He...
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