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fbtwitterlinkedinvimeoflicker grey 14rssslideshare1
Publisher: Massachusetts Institute of Technology Press (MIT Press)
Languages: English
Types: Article
This essay notes some of the key institutions created in the twentieth century for the purpose of\ud delivering energy in North America. Those institutions are being challenged by a combination of stresses in\ud three interconnected areas: reliability, economics, and environmental sustainability. The essay argues\ud that these three stresses create an “energy trilemma” requiring institutional reform. We suggest that new\ud and modi½ed institutions can best be understood if we evaluate them along three dimensions: institutional\ud scale, structure, and scope. We consider real-world examples of recent institutions in light of each of these\ud dimensions and note both successes and concerns that those factors illuminate. We conclude by noting\ud that some institutional changes will be organic and unplanned; but many others, including responses to\ud climate change, will bene½t from conscious attention to scale, structure, and scope by those engaged in\ud designing and building the energy institutions needed in the twenty-½rst century.
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    • 11 Timothy Doyle and Brian Doherty, “Green Public Spheres and the Green Governance State: The Politics of Emancipation and Ecological Conditionality,” Environmental Politics 15 (5) (November 2006): 881-892.
    • 12 Daniel C. Esty, “Revitalizing Environmental Federalism,” Michigan Law Review 95 (December 1996): 560.
    • 13 The body of literature discussing rtos and isos is large, complex, and often contradictory. For a discussion focused on governance issues, see Michael H. Dworkin and Rachel Aslin 15 Barents 2020: Assessment of International Standards for Safe Exploration, Production and Transportation of Oil and Gas in the Barents Sea, Final Report no. 2009-1626 (2009), 11.
    • 17 http://www.pennenergy.com/index/petroleum/display/6705820362/articles/pennenergy/ petroleum/exploration/2012/may/api-says_administration.html?cmpid=EnlDailyPetro May172012&cmpid=EnlWeeklyPetroMay182012.
    • 18 See http://www.aep.com/environmental/NewEPARules/. The epa statutes criticized by aep include the Cross-State Air Pollutants Rule (csapr), the Regional Haze Program, the Hazardous Air Pollutants (haps) Rule, the Coal Combustion Residuals (ccr) Rule, and Section 316(b) of the Clean Water Act.
    • 19 The section “What Others Are Saying,” which appeared on aep's website (http://www.aep .com) as of July 4, 2012, has since been removed.
    • 20 boemre served as an “interim” agency in the process of reorganizing the former Minerals Management Service (mms). After the Deepwater disaster, the mms was broken into two separate agencies, the Bureau of Ocean Energy Management (boem) and the Bureau of Safety and Environmental Enforcement (bsee). As the titles of the newly formed agencies suggest, the boem is charged with offshore resource management, whereas the bsee is responsible for health, safety, and environmental oversight. Bromwich was appointed in June 2010 to orchestrate the reorganization. See “boemre Director Delivers Final Speech Before Agency Reorganization,” press release (Washington, D.C.: Bureau of Ocean Energy Management, Regulation and Enforcement, September 13, 2011), sec. 1 and 3.
    • 21 Darren Samuelson, “The Environmental Protection Agency's Lisa Jackson Swings Back at Critics,” Politico, October 6, 2010, http://www.politico.com/news/stories/1010/43168.html.
    • 22 Bromwich made a convincing case in support of his response using data and real-life examples. See “boemre Director Delivers Final Speech Before Agency Reorganization,” sec. 3 and 4. For an assessment of the recent epa regulations, see also James E. McCarthy and Claudia Copeland, EPA Regulations: Too Much, Too Little, or On Track? (Washington, D.C.: Congressional Research Service, April 25, 2012), http://www.fas.org/sgp/crs/misc/R41561.pdf.
    • 23 Jody Freeman, “The Private Role in Public Governance,” New York University Law Review 75 (2000): 543, 639.
    • 24 National Commission on the bp Deepwater Horizon Oil Spill and Offshore Drilling, Deep Water: The Gulf Oil Disaster and the Future of Offshore Drilling-Report to the President (Washington, D.C.: Government Printing Of½ce, 2011), vii-viii.
    • 25 Note that approximately $20.5 billion came in the form of tax subsidies and the remaining $3.5 billion in the form of direct spending. See Congressional Budget Of½ce, http://www .cbo.gov/publication/43040.
    • U.SS.cEonpeergoyf 31 Mary F. Donaldson, Thirteenth Annual Report on Federal Agency Use of Voluntary Consensus Institutions Standards and Conformity Assessment (Washington, D.C.: National Institute of Standards and Technology, U.S. Department of Congress, August 2010), http://standards.gov/nttaa/ resources/nttaa_ar_2009.pdf.
    • 32 National Commission on the bp Deepwater Horizon Oil Spill and Offshore Drilling, Deep Water, 55-57, 72, 76-78.
    • 33 William F. Pedersen, Jr., “The Decline of Separation of Functions in Regulatory Agencies,” Virginia Law Review 64 (1978): 991, 1016. Note that courts, practitioners, and legal scholars have grappled with the interpretation of Section 5(c) of the apa on the “Separation of Functions” since the act was passed in 1946. See generally Kenneth Culp Davis, “Separation of Functions in Administrative Agencies,” part 2, Harvard Law Review 61 (1948): 612.
    • 34 See, for example, William F. Pedersen, Jr., “Contracting with the Regulated for Better Regulations,” Administrative Law Review 53 (2001): 1067, 1071.
    • 38 David Hunter, James Salzman, and Durwood Zaelke, International Environmental Law and Policy, 3rd ed. (New York: Foundation Press, 2007), 632.
    • 39 In fact, Exxon Mobil was the last oil supermajor to do so. See Rick Pilz, “Exxon Mobil Takes First Steps to Accept Climate Change Science and Cut Funding of the Denial Machine,” Climate Science Watch, January 22, 2007, http://www.climatesciencewatch.org/2007/01/22/ exxon-mobil-takes-½rst-steps-to-accept-climate-change-science-and-cut-funding-of-the -denial-machine/.
    • 41 “Post Copenhagen Outlook: Discussion with Jonathan Pershing, U.S. Deputy Envoy for Climate Change,” Center for International and Strategic Studies, January 14, 2010, http://csis .org/event/post-copenhagen-outlook.
    • 42 H.R. 2454, 111th Cong. (2009-2010); American Clean Energy and Security Act of 2009, http://www.govtrack.us/congress/bill.xpd?bill=h111-2454 (accessed June 21, 2011).
    • 48 The First World Climate Conference was organized by the World Meteorological Organization in 1979; Hunter et al., International Environmental Law and Policy, 667.
    • 49 See, for instance, http://www.ricksantorum.com/news/2012/03/newt-and-nancy-needed Michael H. -bigger-couch. Dworkin, Roman V.
    • 50 Peter Schwartz and Doug Randall, “An Abrupt Climate Change Scenario and Its Implications Sidortsov for United States National Security,” report prepared by the Global Business Network for & Benjamin the Department of Defense, October 2003. K. Sovacool
    • 51 “Publication of the Stern Review on the Economics of Climate Change” (London: The National Archives, hm Treasury, October 30, 2006), http://webarchive.nationalarchives.gov.uk/+/ http://www.hm-treasury.gov.uk/press_stern_06.htm.
    • 52 Nicholas Stern, Stern Review: The Economics of Climate Change, prepublication draft (London: The Nation Archives, hm Treasury, October 2006), vii.
    • 55 See generally, William Nordhaus, “The Stern Review on the Economics of Climate Change,” white paper, May 3, 2007, http://nordhaus.econ.yale.edu/stern_050307.pdf.
    • 56 Ibid., 9; Robert O. Mendelsohn, “A Critique of the Stern Report,” Regulation 29 (4) (Winter 2006-2007): 42-46.
    • 57 Mendelsohn, “A Critique of the Stern Report,” 42, 44.
    • 58 Admiral J. W. Greenert, “Navy Climate Change Roadmap,” memorandum for distribution, May 21, 2010.
    • 59 Task Force Climate Change, “U.S. Navy Climate Change Roadmap” (Washington, D.C.: Department of the Navy, April 2010), 3, http://www.navy.mil/navydata/documents/CCR.pdf.
    • 63 ClimateWise Principles: The Fourth Independent Review 2011 (London: PricewaterhouseCoopers llp and ClimateWise, 2011), 3, http://www.climatewise.org.uk/storage/fourth-year-review -2011/ClimateWise%20Fourth%20Year%20Review%20-%20Summary%20Version.pdf.
    • 67 See Ronald J. Binz et al., “Practicing Risk-Aware Electricity Regulation: What Every State Regulator Needs to Know” (Boston: Ceres, April 2012), 1, 5, 31.
    • 68 C. P. Snow, The Two Cultures and a Second Look (Cambridge: Cambridge University Press, 1959).
    • 69 This observation is based on Michael Dworkin's personal experience as a member of the Boards of Directors of the American Council for an Energy-Ef½cient Economy and of the Electric Power Research Institute.
    • 70 The phrase is borrowed from former U.S. Secretary of State Dean Acheson, who used it to describe the conscious creation of institutions (such as the United Nations, nato, the International Monetary Fund, the World Trade Organization, and the World Bank) that aided U.S. policy for a half-century following World War II. See Dean Acheson, Present at the Creation: My Years in the State Department (New York: Norton, 1969). Acheson received the 1970 Pulitzer Prize in History for his book.
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