Brooklyn Law Review


Uma Outka


This article looks to the environmental justice movement for how it can inform the current transitional moment in the energy sector. As policy and market forces solidify a low-carbon trajectory, this article argues there is a unique and time-sensitive context for justice concerns in the energy transition. The decades-long failure to substantiate legal protections for environmental justice underscores the importance of building into legal structures as they emerge in the evolving energy regulatory landscape. Change is happening quickly and discordant notions of fairness are competing for validation in the energy policy space. This article highlights examples of competing fairness claims in the contexts of distributed solar and the Clean Power Plan.