CE3 hosts and co-hosts numerous events related to the focus areas of the center, and regularly welcomes leaders to speak at the law school. Many of these events are open to the public. While the most recent events are listed below, event archives are available by academic year. Since 2008, CE3 has also hosted major national workshops.
The Limits of Presidential Power in Deconstructing the Administrative State
Professor Tim Duane
Visiting Professor of Law at the University of San Diego School of Law and Professor of Environmental Studies at the University of California, Santa Cruz
Tuesday, September 12, 2017
President Trump has called for significant
deregulation in the area of environmental protection, using executive orders to
address such items as the Clean Water Rule, the Clean Power Plan, and U.S.
participation in the Paris Agreement. Congress has also used the
Congressional Review Act to set aside a number of regulatory actions designed
to protect the environment under President Obama. One of the
President's key advisers has also called for "the deconstruction of the
administrative state" as a broader policy goal.
This presentation explored/addressed:
the scope and limits of
executive authority for environmental deregulation, beginning with the
structural separation of powers principles that animate the "Steel
Seizure" cases 70 years ago (Youngstown Sheet & Tube Co. v. Sawyer, 72
the limits on presidential power through
both the judiciary (e.g., the "Travel Ban," delays in the EPA Methane
Reporting Rule) and Congress (e.g., attempts to repeal-and-replace the
Affordable Care Act);
the backstop of state environmental law
and potential federal preemption for furthering climate law
and policy through sub-national state and local government actions as the EPA
Both federalism and separation of powers are key constraints
on the president's deregulatory agenda. But Congressional consent for
that agenda would radically alter the structure and role of the federal administrative
state. The critical role of Congress in enabling the Trump administration's deregulatory agenda therefore gives a few key Senators
enormous power. The president's power is therefore ultimately dependent
on Congress' exercise of power.
Understanding Changes to NC’s Renewable Energy Policies: Implementing HB 589
This webinar provided an overview of HB 589, Competitive Energy Solutions for NC, and situated the bill within the larger energy and renewables landscape of the state. In addition to discussing the policy and philosophy differences between how PURPA has been implemented to date and HB 589, the webinar included a detailed overview of the statute and the practical implications of implementing HB 589 – what has changed, what open questions remain, who will benefit, and the likely processes that will be used. Current rulemaking by the North Carolina Utilities Commission relating to renewables as also discussed, including the competitive bid process.
2017 JOLT Symposium: The Impact of Demand Response Technology on the Electricity Sector
CE3 co-hosted the 2017 North Carolina Journal of Law and Technology Symposium. Held on February 24, 2017, the symposium brought together an
outstanding group of experts to discuss the impact of smart metering, smart
solar inverters, new storage systems, and other demand response technology on
the electricity sector. It has already been demonstrated in Texas that a
combination of smart metering coupled with time of day economic incentives on
electricity prices can significantly alter and shift the demand for
electricity. The use of smart metering also has potentially significant
economic and environmental impacts. Time shift in the use of electricity has
the potential of promoting significant economic efficiencies because the cost
of producing electricity varies within the day, time of year, and availability
of intermittent sources. Additionally, smart metering also has significant
environmental impacts because of the potential ability to alter demand to
availability of renewable sources.
Panel topics included connection between demand response devices
and competitive markets; the role of Public Utility Commissions in
traditionally regulated states in encouraging alternative pricing and
availability of demand response devices; the importance of demand response
devices to the continued penetration of renewable energy and less need for
back-up generation; the integration of demand response devices with other technological
and computing control; and the role and use of electric utility “push or
control” devices outside of the customers control.
Victor Flatt and Heather Payne Webinar on "Not One Without The Other"
The debate about the importance and cost of environmental protection and its impact on energy sources and utilization has grown since the inauguration of the Trump Administration. On February 27, 2017, CE3 hosted a webinar with Victor Flatt and Heather Payne discussing their article, "Not One Without the Other," and their findings concerning the historic prioritization of environmental protection, jobs, and other important values in statutes. The article was originally published in 2015 in Environmental Law. It makes the case that environmental, energy, and economic policy must be considered simultaneously and reviews statutory prioritization to provide some guidance on relative importance of values. Professor David Ardia of UNC School of Law and UNC School of Media and Journalism moderated the conversation.
Edited versions discussing the core values at work in environmental law and the importance of transparency are also available.
full calendar »