Remaking Energy: The Critical Role of Energy Consumption Data

Remaking Energy: The Critical Role of Energy Consumption Data

This Article explores the public policy benefits associated with increased access to energy consumption data as well as the legal and institutional barriers that currently prevent such access. As state and local governments as well as electricity users attempt to improve the efficiency of their buildings, reduce greenhouse gas emissions, and realize the promises of improved demand side management of energy resources, the need for electricity and other energy-related data becomes even more pressing. But the current law that balances making energy consumption data available against any privacy or confidentiality interests in the data is underdeveloped. Thus, this Article draws on the more sophisticated legal frameworks governing health care, education, and environmental emissions data that balance the public policy needs for data evaluation with countervailing interests. A review of the law in these fields shows that the privacy and confidentiality interests in energy consumption data may be overstated and, in any event, can be adequately addressed in most instances through aggregating the data, using historic rather than current data, or through contracts and other agreements to ensure security where access to individualized data is needed.


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A Velvet Hammer: The Criminalization of Motherhood and the New Maternalism

In 2014, Tennessee became the first state to criminalize the use of narcotics during pregnancy. While women have been prosecuted for the outcomes of their pregnancies and for the use of drugs during their pregnancies in the past decades, Tennessee is the first state to explicitly authorize prosecutors to bring criminal charges against pregnant women […]

Obergefell v. Hodges and Nonmarriage Inequality

On June 26, 2015, the Supreme Court announced its much-anticipated decision in Obergefell v. Hodges, opening the door to nationwide recognition of marriage rights for same-sex couples. The public response to the Court’s decision was immediate and overwhelmingly positive. There is certainly much to celebrate about the Obergefell decision, but there is also cause for […]

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Furthering the Fiduciary Metaphor: The Duty of Providers to the Payers of Medicare

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