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Utilities keep telling me that interregional transmission is bad. But is it bad that negatively priced wind flows to places paying more than $250/MWh? Some at almost $1k/MWh? Y'all hear me out here but maybe the utilities are full of crap?

I just submitted my article, "The Evolution of the Poison Pill," which is free to a good law review home. This article took me *seven years* of collecting and cleaning 3,500 poison pill documents back to the original Household International/Crown Zellerbach pills. Using software

1/ 🚨New study alert!🚨 My DukeU colleagues and I just released a 1st-of-kind study on how the US grid could integrate up to 100 gigawatts of data centers w/out major new infrastructure, provided modest load flexibility (0.5%/yr). AI load growth can be managed faster, cheaper, &

New Paper 🚨 forthcoming at Stanford Law Review EPA has been violating the #CleanWaterAct for decades by approving 30+ state programs with inadequate criminal liability. EPA's new rule (effective 1/17/25) only continues to weaken environmental enforcement. papers.ssrn.com/sol3/papers.cf…

If electricity transmission is so important, why is it so hard to build?

Honored to testify to the US House Energy & Commerce Committee tomorrow on load growth alongside PJM, Southern Company, & Electric Coops. Livestream at 10am and my testimony is here (link below).

Today I testified to the US House Energy & Commerce Energy Subcommittee for its hearing on "Scaling for Growth," alongside PJM, Southern Company & the Electric Coops. A few things that stood out to me 🧵(1/6)

Extracting Profits from the Public: How Utility Ratepayers Are Paying for Big Tech’s Power My new paper with Eliza Martin uncovers how utilities are forcing ratepayers to fund discounted rates for data centers eelp.law.harvard.edu/extracting-pro…

A company accused of wrongdoing by the Federal Energy Regulatory Commission is challenging the federal energy regulator’s constitutionality. Associate Professor Joshua Macey explains what could happen next at Inside Climate News. insideclimatenews.org/news/23032025/…

Recently posted a new draft on SSRN, about the role of custom in setting the scope of constitutional rights in 17/18C England, and the conceptual and interpretive puzzles that approach raised. Comments welcome! papers.ssrn.com/sol3/papers.cf…

Thanks to Lawrence Solum for the "Download it while it's hot!" recommendation for "Statutory Liquidation." Do as the man says! lsolum.typepad.com/legaltheory/20…

New working paper, "Operational Uncertainty and the Missing Money Problem." Here we argue that competitive electricity markets probably overcompensate peakers relative to plants whose production is spread over more hours of the year (e.g., nuclear) papers.ssrn.com/sol3/papers.cf…

Not sure if this counts as a hot take on the Trump EO, but there is only one "uniform methodology" consistent with principles of competitive markets, and it is marginal ELCC based on expected unserved energy (papers.ssrn.com/sol3/papers.cf…).

The piece might be of interest to Jack Goldsmith Rebecca Ingber Julian Davis Mortenson Curtis Bradley Chris Walker Joshua Macey Deborah Pearlstein Dan Epps Richard M. Re Jed Shugerman Matthew Waxman anya bernstein and many others

WILKINSON, Circuit Judge, with whom KING and THACKER, Circuit Judges, join:

Thank you to the panelists: Amy Kapczynski, Jocelyn Simonson, Adam Davidson, Adam Chilton, Joshua Macey, Mila Versteeg, Sarath Sanga, Sanjukta Paul, Erik Hovenkamp, Jacob Goldin, Zachary Liscow, Amy Cohen, Jonathan Klick, Hajin Kim, Kristin Underhill, and Kevin Tobia.

New paper—argues not all conlaw has the same structure; some is really private law. It matters because there are different justifications for private and public conlaw; the reasons for, and scope of, adjudication differ; and private conlaw could downplay conlaw. SSRN:

Flattered our paper was called “the most talked-about academic paper this year in the world of energy” by Ed Crooks. New pod interview Energy Gang: woodmac.com/podcasts/the-e…