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Environmental regulation, energy, and market entry.

Duke Environmental Law & Policy Forum, March, 2005 by Pierce, Richard J., Jr.

INTRODUCTION

The stated purpose of this symposium is to explore "the extent to which environmental regulations currently act as a barrier to entry in energy markets and whether the current regime strikes the right balance between environmental protection and efficiency." (1) I will discuss three contexts in which I believe that existing methods of environmental regulation conflict with energy policy goals: gasoline production, importation of liquefied natural gas ("LNG"), and electricity transmission. Before I begin to discuss the conflicts I see in each of those three areas, however, I need to make explicit the criteria I am applying to identify conflicts between environmental regulation and energy goals.

I am using the economist's concept of...

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