By Shelley Welton, Michael Gerrard, Jason Munster
This paper explores the legal workability and constitutionality of regulating electricity imports into RGGI. After considering how such a mechanism might be designed, the paper examines whether a mechanism that requires RGGI load-serving entities to purchase emissions allowances to cover imported power could survive a constitutional challenge under either the dormant Commerce Clause or Federal Power Act preemption.
Read the report Regulating Imports into RGGI: Toward a Legal, Workable Solution in Columbia Law School's Scholarship Archive.