Policy Resources

The Policy Resources section provides policymakers and stakeholders with guidance on how states can work within Constitutional limits to achieve policy goals. It also includes accessible summaries of recent scholarly research on energy policy and the U.S. Constitution from leading academics.

The Policy Resources section is divided into two pages:

  • Minimizing Constitutional Risk summarizes many of the recent legal challenges discussed in the State Cases section of this site and offers recommendations for how states can design policies that avoid the risk of a constitutional challenge.
  • Policymaker Summaries are based on recent academic literature that explores energy policy, states, and the U.S. Constitution. Policymaker Summaries are written by the Harvard Environmental Policy Initiative in collaboration with the professors who produced the underlying scholarship. The content of these Summaries reflects the views of the professors and not necessarily those of the Harvard Environmental Policy Initiative or Harvard University.

    The first Policymaker Summary, Addressing the Regulatory Holdout Problem in the Siting of Interstate Transmission Lines, recommends ways states can ensure that statutes governing approval and eminent domain authorization for transmission lines facilitate regional cooperation and avoid dormant Commerce Clause violations.

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