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109 Cal. L. Rev. 733 (2021)
The Law of Energy Exports

handle is hein.journals/calr109 and id is 733 raw text is: The Law of Energy Exports Alexandra B. Klass* & Shantal Pai** The fossil fuel industry has filed an increasing number of dormant Commerce Clause lawsuits against coastal states and cities that have rejected proposals for new coal and oil export facilities in their jurisdictions. These lawsuits are creating a wholly new law of energy exports that to date has been underexplored in the academic literature, even as it garners frequent newspaper headlines. This Article is the first comprehensive analysis of this evolving body of law. It evaluates the lawsuits and legal arguments surrounding energy exports and situates them in the context of rapid changes in domestic and international energy resource development and use. It then evaluates the implications of this growing body of law more broadly. Resolution of these lawsuits will affect the ability of states and cities to enact policies that affect a broad range of interstate markets for energy-related goods, such as coal, oil, natural gas, and renewable energy. The law of energy exports will also impact legal doctrines that apply to international trade and the power of the executive branch to shape judicial resolution of dormant Foreign Commerce Clause disputes. DOI: https://doi.org/10.15779/Z38TH8BN83. Copyright © 2021 Alexandra B. Klass and Shantal Pai * Distinguished McKnight University Professor, University of Minnesota Law School. We received extremely helpful comments on earlier drafts of this article from James Coleman, Allan Erbsen, Daniel Farber, Hajin Kim, Joshua Macey, Felix Mormann, Ari Peskoe, Alan Rozenshtein, and Shelley Welton and at workshops at the University of Arizona James E. Rogers College of Law, Florida State University College of Law, University of Minnesota Law School, and Stanford Law School. ** J.D. Candidate, 2021, University of Minnesota Law School. 733

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