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81 U. Colo. L. Rev. 893 (2010)
Trust and the Green Consumer: The Fight for Accountability in Renewable Energy Credits

handle is hein.journals/ucollr81 and id is 899 raw text is: TRUST AND THE GREEN CONSUMER: THE FIGHT FOR ACCOUNTABILITY IN RENEWABLE ENERGY CREDITS KELLY CRANDALL* Renewable energy credits (RECs)--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow indi- viduals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold vo- luntarily or applied to state-imposed renewable energy pur- chase obligations. These state mandates, known as renewa- ble portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the exist- ing regulatory scheme (or lack thereof) for renewable energy credits, demonstrating the gaps that opportunistic advertis- ers can use to greenwash and offering policy rationales for closing them by imposing a cohesive, national regime. In light of recent movements from the Federal Trade Commis- sion toward regulation of deceptive advertising in the re- newable energy industry, this Comment proposes several fea- tures that a national regulatory system must include to restore consumer confidence and promote accountability in state renewable portfolio standards. INTRODUCTION..................................... 895 I. ELECTRICITY REGULATION AND RENEWABLE ENERGY MARKETS ................................... ..... 897 A. A Brief Summary of Electricity Regulation in the United States ........................... 898 B. Renewable Energy Consumption........ ......... 901 * Casenote & Comment Editor, University of Colorado Law Review. Juris Doctor Candidate 2010, University of Colorado Law School; Bachelor of Arts in History and Political Science 2006, University of Florida. Many individuals contributed to the publication of this Comment. In particular, I would like to thank the talented editors of the University of Colorado Law Review (especially Catherine Ruhland) and Professor Phil Weiser, out of whose seminar on utility regulation this topic emerged. Finally, my love and appreciation to my family and friends who have supported me in this endeavor.

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