The Fifth Edition of Energy, Economics and the Environment focuses on the unifying characteristics of energy law, while also emphasizing its connections to environmental and economic issues affecting energy industries. The casebook covers the full range of energy resources, as well as an in-depth examination of issues related to electric power. Like previous editions, this casebook is intended to be used in an Energy Law survey course, but the materials in the book are rich enough that they can also be adapted to a course or seminar covering renewable energy, oil & gas, electricity regulation, or advanced topics in environmental law. Previous editions of the casebook have been used in law school classrooms for nearly two decades. The new edition of the casebook provides a pedagogical window that can readily be adapted to a variety of courses and teaching styles as issues in energy continue to change. Materials in the casebook include extended problems, case studies, and other practice-oriented materials to allow students to learn important concepts in a practical context. We emphasize four recurring and cross-cutting themes throughout the casebook: (1) public versus private ownership of energy resources; (2) monopoly vs. competition; (3) externalities and risk concepts; and (4) public governance, including federalism issues. These four themes have defined energy law since the early twentieth century-and they are at play in every energy resource arena today.

This 2005 text explores the implications of a bargaining perspective for institutional governance and public law in deregulated industries such as electric power and telecommunications. Leading media accounts blame deregulated markets for failures in competitive restructuring policies. However, the author argues that governmental institutions, often influenced by private stakeholders, share blame for the defects in deregulated markets. The first part of the book explores the minimal role that judicial intervention played for much of the twentieth century in public utility industries and how deregulation presents fresh opportunities and challenges for public law. The second part of the book explores the role of public law in a deregulatory environment, focusing on the positive and negative incentives it creates for the behavior of private stakeholders and public institutions in a bargaining-focused political process.

In this book, Professor Rossi explores the implications of a bargaining perspective for institutional governance and public law in deregulated industries, such as electric power and telecommunications. Leading media accounts blame deregulated markets for failures in competitive restructuring policies. In contrast, the author argues that governmental institutions, often influenced by private stakeholders, share blame for the defects in deregulated markets. The first part of the book explores the minimal role that judicial intervention played for much of the twentieth century in public utility industries and how deregulation presents new opportunities and challenges for public law. The second part of the book explores the role of public law in a deregulatory environment, focusing on the positive and negative incentives it creates for the behavior of private stakeholders and public institutions in a bargaining-focused political process. The book presents a unified set of default rules to guide courts in the United States and elsewhere as they address the complex issues that will come before them in a deregulatory environment.