To research state and federal level litigation related to the energy transition, including but not limited to solar and wind (on- and off-shore), geothermal, hydropower, battery storage facilities, EVs, critical minerals extraction, hydrogen, and carbon capture and sequestration. Litigation could relate to the siting, review, or permitting of individual projects, or to broader local or state policies that affect the development or implementation of the technologies. The research will document the issues and analyze outcomes in individual cases in order to (1) construct a database of cases and (2) draft a deliverable that analyzes trends in litigation outcomes. The research will assist the Environmental Law Institute (ELI) in understanding the types of issues and projects that are frequently challenged in court, where those cases are being brought, who are the parties in these cases, what legal arguments do they raise, and whether there are any trends in court opinions.
As the transition to clean energy accelerates in the United States in order to reduce greenhouse gas emissions and meet net-zero targets, litigation is increasingly common. Projects related to the energy transition often result in challenges about their environmental impacts, aesthetic impacts, impacts on property values, and their potential to lead to higher utility rates. In addition, some tribal communities have opposed clean energy development that impacts their land uses and cultural practices (Susskind, et al).
Several existing studies exist related to these challenges. For example, the Columbia University’s Sabin Center has issued several reports on opposition to renewable energy development, most recently in June 2024. These reports are organized by state and include information on state and local restrictions on renewable energy development as well as opposition to renewable energy projects. The National Agricultural Law Center has created a case index of reported and unreported federal and state court decisions involving renewable energy that were decided between January 1, 2002-September 19, 2023. While these studies are useful, they do not feature additional clean energy technologies beyond wind and solar, and are not organized by legal issue.
ELI would like the students to research case law at the state and federal level related to the above technologies and projects related to the energy transition. This would include looking at existing databases and performing new research. Students should begin by reviewing materials available on the National Agricultural Law Center database and in the Sabin Center’s Opposition report. Students should begin to catalog the legal issues and laws involved in these cases and build a database (spreadsheet is fine) of cases evaluated. Students should also seek to supplement the information from these databases with independent research, to include additional cases on wind and solar, or other technologies that are not included in existing resources. Once the database is built, students should analyze trends and produce a deliverable that outlines the issues and laws raised most often.
Nexis Uni (formerly LexisNexis Academic) provides fulltext to news, business and legal information. Newspapers date back to the 1970's. Please Note: The Washington Post is no longer included in Nexis Uni.The National Newspapers Core database includes the Washington Post.
Susskind, L., Chun, J., Gant, A., Hodgkins, C., Cohen, J., & Lohmar, S. (2022). Sources of opposition to renewable energy projects in the United States. Energy Policy, 165, 112922. https://doi.org/10.1016/j.enpol.2022.112922.
