2013 Reports

Regulating Imports into RGGI: Toward a Legal, Workable Solution

Welton, Shelley; Gerrard, Michael; Munster, Jason

This paper explores the legal workability and constitutionality of regulating electricity imports into RGGI. After considering how such a mechanism might be designed, the paper examines whether a mechanism that requires RGGI load-serving entities to purchase emissions allowances to cover imported power could survive a constitutional challenge under either the dormant Commerce Clause or Federal Power Act preemption.