Energy Tradeoffs Podcast #23 – Arne Olson

This Thursday’s EnergyTradeoffs.com podcast episode features Arne Olson talking with David Spence about his research on achieving a reliable transition to low-carbon energy on the West Coast. This week’s 18-minute podcast is the first part of a two-part series on “Modeling Decarbonization in the West,” and it focuses on the Pacific Northwest.

Arne and David’s discussion focuses on the reasons that natural gas may play a continuing useful role in the grid as it moves to lower and lower carbon emissions. Arne explains why the grid can decarbonize while maintaining natural gas power to ensure reliability during emergencies.

The interview builds on Arne’s recent paper, “Resource Adequacy in the Pacific Northwest.”

The Energy Tradeoffs Podcast can be found at the following links: 
Apple | Google

Energy Tradeoffs Podcast #19 – Daniel Raimi

Our new EnergyTradeoffs.com podcast episode features Resources for the Future’s Daniel Raimi talking with David Spence about his research on “Fossil Fuels and the Risk Profile of Fracking.”

Daniel talks about his recent book, which evaluates common concerns about fracking, including polluted water supplies, diesel emissions, increased risks of earthquakes, and greenhouse gas emissions. Daniel explains how recent studies support or do not support these concerns. Daniel also explains how these risks can be addressed, noting how shale gas can be used to reduce greenhouse gas emissions in some circumstance but can raise emissions in other circumstances.

Daniel’s 2018 book is titled “The Fracking Debate: The Risks, Benefits, and Uncertainties of the Shale Revolution.” The interview also builds on Daniel’s 2019 paper on “The Greenhouse Gas Impacts of Increased US Oil and Gas Production.”

The Energy Tradeoffs Podcast can be found at the following links: 
Apple | Google

Energy Tradeoffs Podcast #17 – Melinda Taylor

Another week, another EnergyTradeoffs.com podcast episode. This week, the University of Texas’s Melinda Taylor talks with David Spence about her research on “Studying Intensive Energy Development (Oil & Gas, Wind and Solar) in West Texas.”

Melinda talks about her work with the Cynthia & George Mitchell Foundation on “a community-based landscape conservation plan” for three West Texas counties that are part of Texas’s staggering oil, gas, & renewable power boom — the biggest energy boom the world has ever seen. These “relatively yet-untouched counties in west Texas … host beautiful, iconic landscape features.”

You can learn more about this area of West Texas, and the energy boom — and hear more from Melinda — in this trailer for “The Long Game” a documentary series by the Mitchell Foundation.

The Energy Tradeoffs Podcast can be found at the following links: 
Apple | Google

Comparing Candidates’ Climate Plans

Tonight, CNN will air seven hours of back-to-back townhalls from the ten top Democratic candidates on their climate plans. So far coverage of these plans has focused on initiatives that would require Congress to pass new laws, such as various versions of the “The Green New Deal,” proposals to take over or clean up the power sector, and plans to spend trillions fighting climate change. None of these proposals would pass the Senate in anything like their proposed form.

If you want to understand what the candidates would actually do on climate, you should focus on three things:

  • How they would change federal permitting of oil and gas extraction and transport;
  • How much they hope to spend on climate change; and
  • How they approach tradeoffs between climate regulation and the economy.

Here’s a guide to what the candidates have said on these issues and the key questions that should be asked of their plans in coming months.

  • How Candidates Would Change Federal Oil & Gas Permitting

By far the most important question for the candidates on climate change is how they would use existing presidential authority—particularly through executive orders. The candidates can be held to these promises because they don’t require any action from Congress.

By contrast, all the candidates’ proposals for legislation would need to be passed by the Senate, which currently has a Republican majority. Even if the Democrats somehow gained a Senate majority next year, they would still need to win over moderate Democrats such as Joe Manchin who famously won his seat by shooting President Obama’s cap-and-trade bill to advertise his opposition to climate regulation. There are no such obstacles to executive authority so the most important question for candidates is how they’d use it.

The most important executive action proposed to date is Vice President Biden’s plan to ban “new oil and gas permitting on public land and water” by executive order on his first day in office. This would have three dramatic effects:

  1. It would ban new oil and gas leases across all federal land, including centers of the energy industry such as the Gulf of Mexico.
  2. It would ban new drilling on existing leases, because every new oil and gas well needs a permit.
  3. It would ban new oil and gas pipelines from Canada and to Mexico, because these require a federal permit. It would ban new liquefied natural gas exports to Europe and Asia. And it could even ban new domestic pipelines, because even intra-state pipelines typically cross federal streams and rivers, which a fully comprehensive permitting ban would forbid.

So Biden’s ban would entirely shut down the oil and gas industry on public lands. And it would choke off the private energy industry by cutting off the new pipelines and gas export facilities that it needs to get its products to market.

The argument for this ban is that the world needs to leave oil and gas in the ground to meet its goals of limiting climate change to 2 degrees Celsius. No major oil producer has ever considered shutting in an economic resource of this size—the United States is the world’s largest producer of oil and gas and is in the middle of history’s biggest oil boom—so this would be a truly dramatic commitment to climate action.

The argument against Biden’s ban is that there are far less economically damaging ways to cut U.S. carbon emissions. As I explain in this new op-ed, this ban would cause serious economic pain to Americans. And a ban on new fossil fuel transport would cut off U.S. gas more than oil—oil can easily be shipped by rail, truck, barge, or tanker but gas can only be shipped on pipelines or as liquefied natural gas. And U.S. gas exports are bringing huge environmental benefits to the world by replacing dirtier fuel sources in places with air quality problems, so Biden’s ban could damage the global environment.

Here’s a chart of the Democratic candidates climate policies, ordered by their current standing in national polls. (This is drawn from the candidates websites and their responses to questions here and here.) As you can see, many of the top candidates also support a ban on federal oil and gas leasing, but many have not said whether, like Biden, they would ban all new permitting—including new wells on old leases and new international and domestic pipelines. This is the single most important issue for the candidates to discuss in tonight’s town halls and it should be the focus of savvy reporters’ questions moving forward.

I am keeping this chart updated as candidates and climate plans evolve. (Last Update 3/1/2020)

  • How Much Candidates Would Spend on Climate Change

Although new spending requires congressional action, Congress must regularly reach agreement with the President to fund the federal government, which gives a new President some leverage to spend money on his or her priorities. The Democratic candidates have widely varying goals on climate spending, from Mayor Buttigieg’s plan to spend $25 Billion per year on green research & development to Senator Sanders plan to spend $16.3 Trillion to transform the energy economy.

To understand those massive numbers, let’s put them in context. There are 128 million American households. So Mayor Buttigieg is planning to spend $219 per household per year and Senator Sanders is planning to spend $127,344 per household. Vice President Biden’s plan to spend $1.7 trillion would be $13,281 per household.

Another way to put those numbers in context would be to look at the magnitude of the climate harm they are trying to avoid. There are many estimates of the harm from climate change, but last year’s Nobel Prize winner said the present value of that harm is about $25 trillion and that optimal climate regulation could lower that cost by about $10 trillion. The U.S. estimates that it will experience 7-23% of the cost of climate change, so very, very roughly speaking, optimal climate regulation could save the U.S. a couple trillion dollars.

It would be helpful to hear more about how the candidates will prioritize their climate and environmental spending. If Congress will only give them so much money, would they prioritize spending it on research & development, on climate change projects abroad, or would they consider other environmental issues such as improving air quality and removing lead from the water and soil? This should be a secondary focus of reporters’ questions.

  • How Candidates Would Balance Climate Regulation and the Economy

So far, the candidates have said little about how they would balance their climate and economic goals, in part because media coverage has focused on the Green New Deal, which asserts that there is no tradeoff between environmental and economic goals. But a new president would make countless decisions on how much to cut greenhouse gas emissions from cars, from power plants, and from industrial sources using existing regulatory authority. So we need to know what the candidates will do when their economic and environmental goals come into conflict.

As I explain in this podcast with UCLA’s Ann Carlson, the fundamental innovation of the Green New Deal is that it promises to achieve environmental and economic goals simultaneously. It will remove 100% of greenhouse gas emissions from the power sector in ten years. And it will “guarantee[] a job with a family-sustaining wage, adequate family and medical leave, paid vacations, and retirement security to all people of the United States.” What it doesn’t say is what it will do when those goals come into conflict.

There are many possible ways to manage tradeoffs between the environment and the economy. Historically, environmental laws have often mandated the cleanest technology that is “available” or “demonstrated.” And government regulators have interpreted those standards as requiring that industry cut emissions as much as it can without risking plant closures or job losses.

Another way to manage environmental and economic tradeoffs is with carbon pricing: a carbon tax or a cap-and-trade system. These systems make polluters pay for their greenhouse gas emissions. But if a product is so valuable to society that consumers are willing to pay the cost of manufacturing it plus its environmental cost, then they can still purchase it.

Almost all the candidates have said they support the Green New Deal, but they should be asked how they will balance their climate and economic goals. Will they use traditional standards that asks the fossil fuel industry to clean up but doesn’t shut it down? Or do they think that industries should only survive if they can pay the price of their carbon emissions? Or, like Vice President Biden, do they think that some industries should be shut down regardless of the cost? These questions arise every day for climate regulators so reporters should ask the candidates how they will manage these energy tradeoffs.

Guest Blog: Monika Ehrman on Energy Realism

Guest blogger Monika Ehrman is here to discuss her fascinating new paper on energy realism and the keep it in the ground movement, which is a coalition of groups that seeks to ban oil and gas production on federal lands, and is becoming a major focus of discussion in the Democratic presidential primary

In A Call for Energy Realism: When Immanuel Kant Met the Keep it in the Ground Movement, I examine the Keep it in the Ground Movement, which is a coalition of environmental groups that seek to end fossil fuel extraction by halting oil and gas development. I argue that an immediate or short-term divesting of petroleum is unrealistic and disregards the possibilities of (1) serious economic impacts with respect to domestic revenues, (2) disruptions to infrastructure, and (3) geopolitical risks tied to energy independence and regional stability. I do so while first acknowledging the importance and risk of climate change. In the article, I promote the adoption of Energy Realism, which I set forth in two forms: Pragmatic Energy Realism and Philosophical Energy Realism. Pragmatic Energy Realism incorporates the realities of actual petroleum consumption and reliance. Philosophical Energy Realism borrows philosophical concepts arising from Kant’s theories of realism. I assert that there is only one reality with respect to energy, environment, poverty, and other aspects of energy consumption and environmental impact. It is therefore impossible to isolate any single perspective without fundamentally dismissing reality and instead embracing a subjective perspective. The article also recommends that these anti-extractive movements support initiatives such as adoption of a carbon tax, increasing energy efficiency, and promoting awareness of and addressing energy poverty.

The article A Call for Energy Realism: When Immanuel Kant Met the Keep it in the Ground Movement appears in Utah Law Review and is available here: https://www.utahlawreview.org/article/9447-a-call-for-energy-realism-when-immanuel-kant-met-the-keep-it-in-the-ground-movement

Here is the article abstract:

The “Keep it in the Ground” Movement (the “Movement”) is a coalition of environmental groups that seek to end fossil fuel extraction by halting oil and gas development on federal lands. Supporters of the Movement demand a safer climate future and the transition to a renewable energy economy. However, the Movement is premised on the notion that the United States can divest fossil fuels, particularly petroleum hydrocarbons, from its energy economy and terminate oil and gas development in the near-term future. The Movement disregards the possibilities of serious economic impacts with respect to domestic revenues and infrastructure framework, and geopolitical risks tied to energy independence and regional stability. This Article examines the rise of the Keep it in the Ground Movement and analyzes the challenges that would follow its evolution and implementation if it continues to ignore the reality of American energy use and reliance. It promotes the adoption of Energy Realism in two forms. 

The first form of this realism, Pragmatic Energy Realism, addresses the realities of actual petroleum consumption and reliance. The second form, Philosophical Energy Realism, borrows philosophical concepts arising from Kant’s theories of realism to develop the theory that there is only one uniform reality of energy. Application of these theories highlights the flaws of examining the issue from solely an environmental perspective. In fact, I hypothesize that such an evaluation is not correct. Rather, this Article asserts that there is only one reality with respect to energy, environment, poverty, and other aspects of energy consumption and environmental impact. It is therefore impossible to isolate any single perspective without fundamentally dismissing reality and instead embracing a subjective perspective. This Article also proposes initiatives that the Movement could adopt to affect changes in consumer demand and energy consumption including: energy efficiency measures, implementation of a carbon tax, and addressing energy poverty. The author intends that understanding and adopting Energy Realism will provide new directions and goals for the Movement and further the necessary dialogue between stakeholders on the interrelationships between energy and environment.

Energy Tradeoffs Podcast #2 – Alexandra Klass

Our next EnergyTradeoffs.com podcast features David Spence interviewing the University of Minnesota’s Alexandra Klass about her research on “Network Infrastructure: Permitting & Eminent Domain.”

They discuss permits for interstate power-lines, liquefied natural gas (LNG), and oil pipelines, focusing on two recent articles from Professor Klass: “Future Proofing Energy Transport Law” and  “Reconstituting the Federalism Battle in Energy Transportation.” Near the end of the podcast, they discuss energy & eminent domain, the subject of my forthcoming Minnesota Law Review article with Professor Klass.

The Energy Tradeoffs Podcast can be found at the following links.

Lifting the Jones Act Ban on U.S. LNG Shipments

The Regulatory Transparency Project has just posted a new video in which I debate George Landrith, President of the Frontiers of Freedom Institute, about the need to reform The Merchant Marine Act of 1920, colloquially known as the Jones Act. The video is below.

The Jones Act bans shipments between U.S. ports unless they’re made on a U.S.-built, U.S.-manned, U.S.-flagged, and U.S.-owned vessel. This protects American shipyards and American sailors from foreign competition, but it raises prices for U.S. producers and consumers.

The Jones Act is particularly bad for the United States’ red-hot liquefied natural gas (LNG) markets because the U.S. doesn’t build LNG carriers so the Jones Act effectively prohibits shipment of U.S. LNG to U.S. ports. The U.S. is exporting more and more LNG to Europe and Asia and will become the world’s number one LNG exporter in the next five years, according to the International Energy Agency.

U.S. consumers in New England and elsewhere often want LNG; in times of great need, they have even skirted U.S. sanctions to import it from Russia. But as long as the Jones Act applies to LNG shipments, no U.S. consumer will ever benefit from the massive U.S. LNG boom.

I have explained how I think the Jones Act should be reformed in a piece published by the Cato Institute & a piece published by the Regulatory Transparency Project.

As I explain in the video, there are many regulations that have high costs and high benefits, but the Jones Act ban on LNG transport is an example of a regulation with high costs and no benefits. It’s a great candidate for reform.

Energy Tradeoffs Podcast #1 – Pipelines & Power-Lines

Earlier this month, David Spence posted an introduction to our new project with Sharon Jacobs and Shelley WeltonEnergyTradeoffs.com. Our website will feature the work of researchers grappling with energy policy tradeoffs between reliability, affordability, and environmental performance as well as the other trade-offs associated with energy transitions.

The site includes interviews in which these researchers discuss their recent articles. We have already posted 27 of these conversations and will post more in the coming weeks. But if you prefer to digest interviews in podcast format, I will periodically post them.

To start, below is my discussion with David on my just published article: James W. Coleman, Pipelines & Power-lines: Building the Energy Transport Future, 80 Oh. St. L.J. 263 (2019). The interview is titled “The Difficulty of Siting Pipelines and Transmission Lines” and you can find it here. You can find the published article here: http://bit.ly/Pipelines-Power-Lines

David and I discuss why it’s become cheaper to produce oil, gas, & renewable power, and how that has shifted energy companies’ focus to energy transport: how to get these new energy sources to consumers at an affordable price. I explain that, at the same time, changing laws are making it harder to build pipelines & power-lines and offer my suggestions for legal reform.

The Energy Tradeoffs Podcast can be found at the following links: Apple | Google

Guest Blog: EnergyTradeoffs.com

By David Spence

EnergyTradeoffs.com is a new web site aimed at a specific audience—those who produce or read law and policy scholarship about the transition to a greener energy mix. It is dedicated to promoting a more thorough understanding of the tradeoffs associated with that transition, particularly the impacts on energy costs (and distribution of costs) and supply reliability. EnergyTradeoffs.com will feature conversations with authors of scholarly articles whose work grapples with transition tradeoffs issues, and avoids the temptation to treat tradeoffs as easy or painless, or to assume them away. We also plan to host a moderated discussion board for energy policy professionals and academics focused on these tradeoff issues.

Since this web site was my brainchild, I thought I would explain why I think its creation is a good idea. I don’t speak for other organizers here, so I hope my friends and colleagues will weigh in on this question as well.

The case for this web site in a nutshell.

We are working from four basic premises:

  1. The enormous costs of climate change necessitate a transition to an energy mix characterized by drastically-reduced (or net zero) carbon emissions.
  2. Despite technological advancements that make the transition more affordable than ever, the energy system is still characterized by difficult tradeoffs between affordability, reliability, and environmental performance.
  3. Reasonable people can disagree about how to balance those tradeoffs.  They are not simple or easy or “win-win,” at least not in every important sense.
  4. We should explore those disagreements, because if we don’t understand them we are likely to choose a policy path that turns out to be less effective or more expensive than need be.

So EnergyTradeoffs.com is intended to be a place for people who want to explore and think critically about these issues. It is not intended to be a place to debate whether climate change is real, human driven, or worth addressing (through policy change) now. Nor is it a place aimed at inspiration or political mobilization, or a place to denigrate those who ask difficult questions about the transition. There are lots of other places online to engage the green transition in those ways.

But what about the politics?

There are strategic political reasons why one might not want to talk openly about tradeoffs. Discussing the devil-in-the-details can undermine the task of building support for a policy goal. “Have your cake and eat it” narratives are attractive and easier to sell—for politicians seeking votes, businesses seeking clients, or web sites seeking clicks. This may have been part of what former New York Governor Mario Cuomo meant when he said that “you campaign in poetry [but] govern in prose.” So political strategists advise candidates to focus on ends rather than means, to adopt simpler, positive narratives, and to avoid uncomfortable truths. That idea may be part of the plan to develop and sell the Green New Deal, which articulates a vision of a desirable future state in which these energy tradeoffs have (somehow) been addressed or resolved.

Regardless of whether the political logic of avoiding discussion of tradeoffs is correct, the question of how best to reach the shared goal of a greener energy mix ought to be debatable.  A full, public exposition of the problem ought to promote a better response to it in the end. One of the quotations featured on our web site comes from Steven Spielberg’s (and screenwriter Tony Kushner’s) version of Abraham Lincoln. When radical Republicans tell a politically-cautious Lincoln that he lacks ambition and a moral compass, he responds that a compass can “show you true north,” but it cannot show you the swamps and chasms between you and your destination. In other words, simpler narratives may build support for a path to change that ultimately proves ineffective or unacceptably expensive to a critical mass of voters. Brexit, for example, was sold successfully as a “have your cake and eat it” idea, but few would argue that the UK is now better off for having bought that sales pitch. 

Those of us involved in this site are academics. Our first obligation is to help people understand all the dimensions of a problem. If we are advocates at all, we are educators first and advocates second. We should work to avoid framing these issues in ways that make our preferred outcome seem more attractive by downplaying or ignoring features of the problem. To the contrary, we should think most critically about our preferred alternatives.

Ideally, this web site will help people think about, and develop a fuller understanding of, the practical realities (including the difficulties) associated with a green transition, not to derail it but rather to make it more sustainable and durable.

Grappling honestly with these tradeoffs is uncomfortable

When the politics of a policy discussion are fraught or emotionally-charged, facing the inconvenient truths associated with the issue is difficult for everyone, including academics. But we should do it anyway.

Productive exchanges of views about tradeoffs require both intellectual humility and respectful dialogue, which are in short supply in today’s fractured, polarized and emotional political environment, particularly in semi-anonymous online platforms.

It is well-understood that caring intensely about something triggers motivated reasoning, in all of us. This manifests in all sorts of ways. We care about climate change and its effects, which makes discussing the costs of addressing it uncomfortable (cognitive dissonance). We value our own prior conclusions about and analyses of the issues (confirmation bias). We care about and value agreement with our friends and members of our social networks (cultural cognition and groupthink). These natural human tendencies sometimes lead us to suspend critical thinking about the ideas we want to champion. Since it is much easier to accept (and to recognize) that problem in others than in ourselves, we have to work at it by subjecting our ideas to challenge. 

I have disagreements with some of my very best friends in academia about some of these tradeoffs issues. Exploring how and why we disagree—making those differences explicit and discussing them—is much more valuable to our own understanding, and to the understandings of others who read our work, than burying them in our assumptions or ignoring them altogether. The kinds of insulated, parallel narratives that arise in online communities may persuade community members, but they only educate those audiences when competing narratives intersect in ways that engage the other’s assumptions and arguments fairly.

Framing and reportage

Changes in the media environment also contribute to misunderstanding tradeoffs. For the first few decades of the modern regulatory era, the three broadcast networks and local newspapers fed viewers and readers carefully-curated news, and that curation was based upon journalistic standards that emphasized verifying and re-verifying facts, and aspiring to objectivity.

Today, the very idea of objectivity is rejected by many; and those traditional sources must compete for readers and clicks with outlets that emphasize the sensational or promote a particular political ideology. Moreover, information is transmitted online through news aggregators, or links sent to friends via online social communities. This way of acquiring and digesting (socially) new information tends to skew our understanding of the world, as algorithms feed us more of what we like and less of what we dislike. 

So as political polarization increases the emotional component of policy debates, and online filter bubbles skew the set of energy information to which we are each exposed, it becomes more and more difficult to develop a complete understanding of the tradeoffs associated with a green transition.  We form and harden our beliefs much more quickly in the digital environment. In the debate about the green transition, it becomes more difficult to respectfully debate questions associated with tradeoffs, and much easier to ascribe malicious or otherwise nefarious motives to those whose policy preferences or understanding of the issues differs from ours. No doubt these trend are amplified during the ever-lengthening political campaign season.

Ideally, all of the talented writers and editors on the energy transition beat would regularly frame their stories in ways that are attentive to the seriousness and difficulty of distributional issues, and of cost and reliability tradeoffs. Sometimes writers choose a narrow angle for a story as a response to the perception that that particular angle is under-reported. But to the extent that writers and editors rely on readers to seek out a representative sample of information about energy issues, that reliance is misplaced. Indeed, in the digital environment even the most avid reader would be hard pressed to develop a complete or balanced perspective on the tradeoffs associated with the green transition. So our hope is that people will come to this site to develop a fuller appreciation for the value choices and tradeoffs that will be an unavoidable part of the green transition.

Going forward

This web site is a purely educational, non-commercial effort, one that is only just getting underway, and is operating on a shoestring budget.  We will be adding work by law and policy scholars to the site as our time and resources allow. As noted above, we also plan to roll out a moderated discussion board dedicated to the civil exchange of expert views on these tradeoffs issues, sometime in the fall of 2019. We organizers of the site hope people find it useful.

Eminent Domain for Exporting Energy?

Eminent domain is the controversial exception to the general rule that no one can take your land without your consent. The Fifth Amendment to the U.S. Constitution allows the government to take your land for “public use” so long as it pays you fair compensation.

But what is a public use? Should pipelines and power-lines that help companies export energy to other states and countries count as a public use? Is it legitimate for states to let energy transport companies use eminent domain to serve the public in other states or countries?

This issue—”which public?”—is an increasing focus of litigation across the United States because many state laws and constitutions, like the federal constitution and federal laws, limit eminent domain to projects that serve a “public” purpose. At the same time, increasingly integrated North American energy markets mean that more and more electricity, oil, and gas are crossing state and national borders.

Just last Friday, the Iowa Supreme Court held that sending oil to neighboring states can count as a public use. But there is also a broad movement for a go-it-alone eminent domain policy, including court decisions in West Virginia and Kentucky that say out-of-state consumers don’t count as the “public.” And the D.C. Circuit is now considering a similar challenge to a natural gas pipeline that will allow some natural gas to be exported to Canada.

As I argue in this op-ed, it would have been a huge mistake for Iowa to adopt a go-it-alone eminent domain policy. Iowa has world-class wind power that will be most valuable if Iowa can export it to states like Illinois that have more people and less wind. A no-eminent-domain-for-export policy would have been terrible for Iowa.

More broadly, there are huge benefits from interstate and international energy trade. For decades, Canada has sent us affordable oil and cheap, clean hydropower. And states that have affordable oil and hydropower generally export to states that do not. If there was no eminent domain for export power-lines and pipelines, we all would be stuck paying more for dirtier energy.

And we need energy transport now more than ever. As I explain here, the U.S. is in the middle of three energy booms: history’s biggest oil rush plus more natural gas and more renewable power. Oil has many ways to get to market—pipeline, truck, rail, and boat—but natural gas and renewable power production depend on transport. Natural gas has environmental benefits if it can be piped to places that need to replace coal and oil. Solar and wind can provide cheap, clean energy if we build power-lines to take it to market. And new pipelines and power-lines would help American companies and landowners get more money for their gas and power. 

None of that will be possible, however, if go-it-alone state policies make it impossible to bring energy where it is needed. Landowners are rightly concerned about eminent domain and governments should reform the eminent domain process and offer more compensation to protect them as I suggest in my forthcoming Minn. L. Rev. article with Alexandra Klass. But ignoring interstate and international consumers is not a sensible reform and would cut off much of the promise of the new U.S. energy economy.

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