Professor Joel Eisen teaches and writes in the areas of energy law and policy, environmental law and policy, climate change, and the Smart Grid. He is a co-author of the leading law and business school textbook on energy law, Energy, Economics and the Environment: Cases and Materials, as well as numerous books, book chapters, treatises, and law review articles on electric utility regulation, renewable energy, and brownfields law and policy. Professor Eisen's scholarship has appeared in law journals at Harvard, Duke, Notre Dame, Fordham, Illinois, Wake Forest, and William & Mary Law Schools, among other venues. He was awarded the University of Richmond's Distinguished Educator Award in 2010, and his article "Residential Renewable Energy: By Whom?" was voted one of the four top environmental articles of 2011 by the Vanderbilt Law School and Environmental Law Institute. From 1993-2005, he was Director of the Robert R. Merhige, Jr., Center of Environmental Law. In 2009, Professor Eisen served as a Fulbright Professor of Law at the China University of Political Science and Law in Beijing, China.
China’s Renewable Energy Law: The “Green” To China’s “Black,” William and Mary Environmental Law and Policy Review, January 2010 (invited participant in annual symposium)
Sino-American Relations: Environmental Protection & Climate Change: A Framework For Discussion, Sino-American Relations Workshop, The Fulbright Program, Hopkins-Nanjing Center, Fudan University, Nanjing, China, May 2009
Energy, Economics and the Environment: Cases and Materials (co-lead editor) (2015).
Energy, Economics and the Environment: Cases and Materials (3d ed. 2010) (co-authored with Fred Bosselman, Jim Rossi, David Spence, and Jacqueline Lang Weaver).
Energy, Economics and the Environment: Cases and Materials (2d ed. 2006) (co-authored with Fred Bosselman, Jim Rossi, David Spence, and Jacqueline Lang Weaver). [SSRN]
Structuring Commercial Real Estate Workouts: Alternatives to Foreclosure (2d ed. 1999) (Author, with W. Wade Berryhill and Michael J. Herbert).
Introduction: FERC v. EPSA and the Path to a Cleaner Electricity Sector, 40 Harv. Envtl. L. Rev. 1. (2016).
An Open Access Distribution Tariff: Removing Barriers To Innovation On The Smart Grid, 61 UCLA L. Rev. 1712 (2014).
Tackling Climate Change: Don’t Forget Energy Efficiency, N.Y.L.J., July 10, 2014 (with Todd S. Aagaard).
Who Regulates the Smart Grid?: FERC's Authority Over Demand Response Compensation in Wholesale Electricity Markets, 4 San Diego J. Climate & Energy L. 69 (2013).
Smart Regulation and Federalism For the Smart Grid, 37 Harv. Envtl. L. Rev. 1 (2013).
Distributed Energy Resources, "Virtual Power Plants," and the Smart Grid, 7 U. Hous. Envtl. & Energy L. & Pol'y J. 191 (2012; invited symposium issue).
Residential Renewable Energy: By Whom?, 31 Utah Envtl. L. Rev. 339 (2011) (invited symposium issue) (selected as one of the top 4 environmental law and policy articles of 2011 by the Environmental Law Institute and Vanderbilt University Law School).
Finality in Brownfields Remediation and Reuse, 41 Sw. L.J. 773 (2012) (invited symposium issue).
China's Greentech Programs and the USTR Investigation, 11 Sustainable Dev. L. & Pol'y, Climate Law Reporter 3 (2011).
The New Energy Geopolitics?: China, Renewable Energy, and the "Greentech Race," 86 Chi.-Kent L. Rev. 9 (2011).
Can Urban Solar Become a "Disruptive" Technology?: The Case For Solar Utilities, 24 ND J. L. Ethics & Pub Pol'y 53 (2010) (invited symposium issue).
China's Renewable Energy Law: A Platform for Green Leadership?, 35 Wm. & Mary Envtl. L. & Pol'y Rev. 1 (2010) (invited symposium issue).
Brownfields and BRAC: A Surprising "Compatibility," 32 Wm. & Mary Envtl. L. & Pol'y Rev. 403 (2008).
Brownfields at 20, A Critical Reevaluation, 34 Fordham Urb. L.J. 721 (2007).
Rapanos, Carabell, and the Isolated Man, 40 U. Rich. L. Rev. 1099 (2006) (symposium issue).
The Environmental Responsibility of the Regionalizing Electric Utility Industry, 15 Duke Envtl. L. & Pol'y F. 295 (2005) (symposium issue).
Regulatory Linearity, Commerce Clause Brinksmanship, and Retrenchment in Electric Utility Deregulation, 40 Wake Forest L. Rev. 545 (2005) (invited article in dedicated issue on "Realizing the Promise of Electricity Deregulation").
The Blackout of 2003: What Is Next?, 39 U. Rich. L. Rev. 709 (2005) (symposium remarks).
A Critique of the Regulations Revising the U.S. Clean Air Act's New Source Review Program, in Proceedings of the 13th World Clean Air and Environmental Protection Congress, London, England, August 2004.
The Trajectory of "Normal" After 9/11: Trauma, Recovery and Post-Traumatic Societal Adaptation, 14 Fordham Envtl. Law J. 499 (2003) (symposium issue).
A Case Study of Sustainable Development: Brownfields, 32 Environmental Law Reporter 10,420 (2002).
Practice, Policy, and Pedagogy in a Mandatory Environmental Law Course, 123 Water, Air, & Soil Pollution 409 (2000). [Journal]
Brownfields Policies For Sustainable Cities, 9 Duke Envtl. L. & Pol'y F. 187 (1999).
From Stockholm to Kyoto and Back to the United States: International Environmental Law's Effect on Domestic Law, 32 U. Rich. L. Rev. 1435 (1999).
Are We Ready For Mediation in Cyberspace?, 1998 B.Y.U.L. Rev. 1305.
"Brownfields of Dreams?": Challenges and Limits of Voluntary Cleanup Programs and Incentives, 1996 U. Ill. L. Rev. 883.
Toward a Sustainable Urbanism: Lessons from Federal Regulation of Urban Stormwater Runoff, 48 Wash. U. J. Urb. & Contemp. L. 1 (1995).
Introduction: Policy in the Wake of the Kepone Incident, 29 U. Rich. L. Rev. 521 (1995).
Antitrust Reform For Joint Production Ventures, 30 Jurimetrics J. 253 (1990).
Federal Preemption of Due-on-Sale Clause Prohibitions, 15 Urb. Law. 858 (1983). [HEIN]
Sino-American Relations: Environmental Protection & Climate Change: A Framework For Discussion, Sino-American Relations Workshop, The Fulbright Program, Hopkins-Nanjing Center, Fudan University, Nanjing, China, May 2009.
Demand-Side Programs in Wholesale Electricity Markets, in Delivering Energy Policy in the EU and the US: A Multi-Disciplinary Reader (Edinburgh Univ. Press forthcoming 2015).
Linking Legal Framework Design And Consumer Acceptance of the Smart Grid to Risk Theory, in Smart Grid Law and Policy (Seoul National University, Seoul, Korea forthcoming 2015) (with Emily Hammond).
International Standards For the Smart Grid, in Smart Grid Law and Policy (Seoul National Univ., Seoul, Korea, forthcoming 2014).
Mitigation of Climate Impacts in the Electricity Sector, in Research Handbook on Climate Change Mitigation Law (Edward Elgar Publishing 2015).
Stigmatized Sites and Urban Brownfields Redevelopment, in The Oxford Handbook of Land Economics (Joshua M. Duke and JunJie Wu eds., Oxford U. Press, 2015).
Energy and Environmental Law, in Perspectives on American Law (Peking University Press, 2013).
Energy Industries – Renewables, in China, India, and East and Southeast Asia: Assessing Sustainability, Encyclopedia of Sustainability (Berkshire Publishing, 2012).
Sustainability Strategies For Urban Brownfields Redevelopment, in Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (John Dernbach ed., Environmental Law Inst., 2012).
Utilities Regulation, in The Law and Politics of Sustainability, Encyclopedia of Sustainability (Berkshire Publishing, 2011).
"Smart" Brownfields Development, in Agenda For a Sustainable America (Environmental Law Institute, 2008).
A Case Study of Sustainable Development: Brownfields, in Stumbling Toward Sustainability, Ch. 40 (Environmental Law Institute, 2002).
Tenancy in Common, Tenancy in Partnership, and Tenancy in Coparcenary, in Powell on Real Property, Ch. 50 (2000).
Practice, Policy, and Pedagogy in a Mandatory Environmental Law Course, in Environmental Challenges (Shimshon Belkin and Shoshana Gabbay, eds., 2000) (with Michael Allan Wolf).
Alternative Dispute Resolution at the Environmental Protection Agency, in Federal Administrative Dispute Resolution Deskbook for Practitioners, Ch. 13 (ABA Section of Admin. Law and Regulatory Practice, Marshall J. Breger et al., eds., 2000.
Alternative Dispute Resolution In American Environmental Conflicts: A Framework For Analysis And Application To Environmental Protection In Israel, in VI(A) Proceedings of the Sixth International Conference, at 321 (Israel Society for Ecology & Environmental Quality Sciences, 1996).
Environmental Law in China, Chinadialogue.net (book review of Charles R. McElwee, Environmental Law in China: Mitigating Risk and Ensuring Compliance (2011), June 2011).
FERC scores again as high court knocks down Md. program (Greenwire)
Tue., Apr. 19, 2016
High court power subsidy ruling keeps states in the dark (Law360)
Tue., Apr. 19, 2016
Garland could be agency ally in energy, enviro rules fights (Law360)
Wed., Mar. 16, 2016
Justices appear convinced state subsidy enters FERC turf (Bloomberg BNA)
Thu., Feb. 25, 2016
Supreme Court to assess if FERC preempts subsidy program (Bloomberg BNA)
Tue., Feb. 23, 2016
Supreme Court to hear major grid case without Scalia (Greenwire)
Mon., Feb. 22, 2016
High court stay could spell doom for EPA's Clean Power Plan (Law360)
Wed., Feb. 10, 2016
Supreme Court's FERC opinion offers cluse about next big case (Greenwire)
Tue., Jan. 26, 2016
The word from SCOTUS: FERC has the DR authority (Intelligent Utility)
Mon., Jan. 25, 2016
High court split over limits of FERC power demand authority (Law360)
Wed., Oct. 14, 2015
Supreme Court to hear major energy law federalism case (CPR Blog)
Wed., May. 6, 2015
Could a new tax save the smart grid? This expert thinks so (Smart Grid News)
Wed., Sep. 10, 2014
China's Fast Path to Green Tech (The Tyee [Canada])
Tue., Nov. 27, 2012
Congress Sinks Biofuel's Hopes For US Military Boost (Law360)
Thu., May. 31, 2012
Smart Grid, Utilities Regulation, and Renewable Energy
Environmental Law and Policy