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94 Wash. U. L. Rev. 827 (2016-2017)
Future-Proofing Energy Transport Law

handle is hein.journals/walq94 and id is 853 raw text is: FUTURE-PROOFING ENERGY TRANSPORT LAW ALEXANDRA B. KLASS* ABSTRACT The U.S. energy system is critical to every aspect of the nation's economy and daily life. That energy system, in turn, is completely dependent on U.S. energy transport infrastructure-the oil pipelines, natural gas pipelines, electric transmission lines, and import and export facilities that transport and distribute the energy resources that power the country. This Article explores how the law can influence the billions of dollars in private sector energy transport investments necessary to meet current energy needs as well as respond to the significant technological, market, and policy developments in the energy sector. In doing so, it develops criteria policymakers should consider in creating laws and regulations to govern energy transport infrastructure that focus on federalism principles, flexibility in the location and amount of energy resources, and clean energy goals. It then applies these criteria to two of the nation's most pressing energy transport debates: (1) whether to transfer more siting authority for interstate electric transmission lines from the states to a federal or regional authority and (2) whether to transport new sources of North American oil primarily by an upgraded rail system or by expanded pipeline infrastructure. * Distinguished McKnight University Professor, University of Minnesota Law School. David Adelman, James Coleman, Lincoln Davies, Michael Gerrard, Robert Glicksman, Bruce Huber, Sharon Jacobs, Kate Konschnik, David Littell, William McGeveran, John Moot, Richard Pierce, Miriam Seifter, David Spence, Hannah Wiseman, and Joel Zipp provided extremely helpful comments on earlier drafts of this article. I also received valuable feedback at faculty workshops at UC Berkeley School of Law, Harvard Law School, and Northeastern University School of Law. Andrew Heiring and Jena Pollock provided excellent research support. 827

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