The literature on “agency discretion” has, with a few notable exceptions, largely focused on substantive policy discretion, not procedural discretion. In this essay, we seek to refocus debate on the latter, which we argue is no less worthy of attention. We do so by defining the parameters of...

Decentralization is becoming a dominant trend in many industries, and the electricity industry is no exception. Increasing numbers of energy consumers generate their own electricity and/or provide essential grid services such as storage, efficiency and demand response. This article offers a...

Electricity law is complex, and the Supreme Court knows it. Lawyers are familiar with the adage that generalist courts tend to defer to agency decisions where the subject matter is complex or technical. But what features of a case make the Court more or less likely to defer to the agency's...

Because genuine emergencies demand a swift and decisive response, several federal laws consolidate limited emergency control over the energy industry in the Department of Energy (DOE) or the President, temporarily empowering them to override existing law and order actions inconsistent with the...

The brief given me is to provide an overview of the 'early days' of social (and environmental) reporting whilst also reflecting on the intellectual contribution of Rob Gray towards the development of the field. One initial problem that presents itself here is that social disclosure within the...