View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Florida Levin College of Law University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 2017 Breaking Energy Path Dependencies Amy L. Stein University of Florida Levin College of Law,
[email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Energy and Utilities Law Commons Recommended Citation Amy L. Stein, Breaking Energy Path Dependencies, 82 Brook. L. Rev. 559 (2017). Available at http://brooklynworks.brooklaw.edu/blr/ vol82/iss2/7 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact
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[email protected]. Breaking Energy Path Dependencies Amy L. Stein† INTRODUCTION Clean energy development faces an uphill battle. Scholars and policymakers have spent extensive time identifying the barriers to clean energy development, including the intermittency of clean energy resources,1 the lack of a framework for capturing the externalities of energy sources,2 the need for more transmission infrastructure,3 and the lack of a utility business model that comports with efficiency and self- generation.4 Beyond these barriers, clean energy development must combat over one hundred years of institutional “stickiness” associated with the legal and regulatory framework governing energy derived from fossil fuels.5 © Amy L.