SelectedWorks - Jim Rossi

Selected Works of Jim Rossi

Judge D. L. Lansden Chair in Law

Works
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About Jim Rossi

Energy Federalism's Aim

Harvard Law Review Forum (2021)

The Federal Power Act (FPA) has endured for eighty-five years, in part because it does not embrace a single regulatory ...

Energy Exactions

Cornell Law Review (2019)

Jim Rossi and Christopher Serkin

Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs ...

Constrained Regulatory Exit in Energy Law

Duke Law Journal (2018)

In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the ...

Revisiting the Public Utility

Yale Journal on Regulation (2018)

Jim Rossi and Morgan Ricks

This foreword introduces "Revisiting the Public Utility," a series of essays published in a special issue of Yale Journal on ...

Carbon Taxation by Regulation

Minnesota Law Review (2017)

This Article argues that, even though a carbon tax remains politically elusive, a carbon taxation by regulation has begun to ...

Reconstituting the Federalism Battle in Energy Transportation

Harvard Environmental Law Review (2017)

Jim Rossi and Alexandra B. Klass

This article explores the growing federalism tensions in efforts to expand the nation’s energy transportation infrastructure — the electric transmission ...

Stranded Costs and Grid Decarbonization

Brooklyn Law Review (2017)

Jim Rossi and Emily Hammond

Over the past half century, energy law has endured many stranded cost experiments, each helping firms and customers adjust to ...

Dynamic Incorporation of Federal Law

Ohio State Law Journal (2016)

This Article provides a comprehensive analysis of state constitutional limits on legislative incorporation of dynamic federal law, as occurs when ...

Harvard Environmental Law Review Forum (2016)

Jim Rossi and Jon Wellinghoff

This Essay explores the implications of the U.S. Supreme Court's decision in FERC .v. EPSA for state regulation of customer ...

The Brave New Path of Energy Federalism

Texas Law Review (2016)

For much of the past 80 years courts have fixated on dual sovereignty as the organizing federalism paradigm under New ...

Revitalizing Dormant Commerce Clause Review for Interstate Coordination

Minnesota Law Review (2015)

Jim Rossi and Alexandra B. Klass

Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. ...

"Maladaptive" Federalism: The Structural Barriers to Coordination of State Sustainability ...

Case Western Law Review (2014)

While the federal government has been slow to address problems such as climate change, many states have adopted innovative approaches ...

Electric Power Resource "Shuffling" and Subnational Carbon Regulation: Looking Upstream ...

San Diego Journal of Climate & Energy Law (2014)

Jim Rossi and Andrew J.D. Smith

"Resource shuffling" occurs when different subnational approaches to carbon regulation create variations in the costs of production across jurisdictions. California ...

Federal Preemption and Clean Energy Floors

North Carolina Law Review (2013)

Jim Rossi and Thomas Hutton

Federal policies regarding renewable and clean energy often lack clear definition, are incomplete, and are scattered across multiple statutes and ...

Good For You, Bad for Us: The Financial Disincentive for ...

Vanderbilt Law Review (2012)

Michael P. Vandenbergh and Jim Rossi

This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of ...

Agency Coordination in Shared Regulatory Space

Harvard Law Review (2012)

Jim Rossi and Jody Freeman

This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently ...

Clean Energy and the Price Preemption Ceiling

San Diego Journal of Climate & Energy Law (2012)

Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices ...

Of Dialogue--And Democracy--In Administrative Law

Columbia Law Review Sidebar (2012)

Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior ...

Assessing the State of State Constitutionalism

Michigan Law Review (2011)

State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the ...

The Shaky Political Economy Foundation of a National Renewable Electricity ...

University of Illinois Law Review (2011)

This Article argues that a national renewable portfolio standard (RPS) for electric power is not likely to advance its purported ...

Siting Transmission Lines in a Changed Milieu: Evolving Notions of ...

University of Colorado Law Review (2010)

Jim Rossi and Ashley C. Brown

This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines ...

The Limits of a National Renewable Portfolio Standard

Connecticut Law Review (2010)

In this Commentary Article, Professor Rossi highlights some of the distributional and operational problems presented by a national renewable portfolio ...

The Political Economy of Energy and Its Implications for Climate ...

Tulane Law Review (2009)

Public choice themes have arisen throughout the history of U.S. energy regulation and continue to be relevant today, particularly with ...

The Trojan Horse of Electric Power Transmission Line Siting Authority

Environmental Law (2009)

Reform proposals pending in the U.S. Congress would increase federal and regional power to preempt states in siting transmission lines ...

Antitrust Process and Vertical Deference: Judicial Review of State Regulatory ...

Iowa Law Review (2007)

Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the ...