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Fla. L. Rev. News

Fla. L. Rev. Forum

Stephen Rose, Vivek Bhandari, and Kimberly Mullins
A Response to Professor Mormann’s Clean Energy Federalism
Response to Felix Mormann, Clean Energy Federalism

Professor Felix Mormann’s work to differentiate clean energy federalism from environmental federalism in his paper, “Clean Energy Federalism,” is important. These two theoretical frameworks are similar, but clean energy federalism incorporates a nuanced understanding of the energy system and renewable resources. Professor Mormann illustrates the difference by analyzing a proposed subsidy scheme that aims to reduce the cost of renewable electricity by reducing risk to investors. He offers two ways to allocate these risks between utilities and ratepayers. We agree with Professor Mormann’s assessment that utilities “have substantial experience with these types of markets and possess the resources and expertise to navigate them successfully.” However, utilities may not always be able to use REC markets to compensate for overly-generous FITs. Read more.

Fla. L. Rev. Forum

Hannah J. Wiseman
Clean Energy Incentives: Risk, Capture, and Federalism
Response to Felix Mormann, Clean Energy Federalism

Professor Felix Mormann’s article Clean Energy Federalism provides a compelling framework for effectively incentivizing clean energy development in the United States and for theorizing this field. The article tackles two primary questions that arise in the incentives and innovation debate, including what types of incentives work best—such as renewable portfolio standards (RPSs) or feed-in tariffs (FITs)—and what level of government should formulate and administer these incentives. My only quibble with the piece, which is a very minor one, is Professor Mormann’s conclusion that FITs should be state-based endeavors. This response begins in Part I by focusing on the importance of pluralism in clean energy innovation that Professor Mormann so cogently captures. Part II then explores why both FITs and RPSs—not just RPSs—seem well-suited to local, state, or federal control, thus perhaps not requiring FITs to become mired in the federalism debate over which level of government should control a particular policy area. Read more.

Environmental Law

Florida Constitutional Law