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The aff removes a regulation not a restriction



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The aff removes a regulation not a restriction


Pursley and Wiseman 11 1AC Author (Garrick, Assistant Professor of Law, University of Toledo College of Law, and Hannah, Assistant Professor of Law, University of Tulsa College of Law, “Local Energy”, Emory Law Journal, 60 Emory L.J. 877)
Our suggestion, then, is that the federal government should first establish some minimum standard - most likely a simple prohibition on state and local regulations that impede renewables siting - for fostering the adoption of distributed renewable energy technologies and should allocate primary [*935] authority for implementation and regulation, with substantial discretion, to local governments. 311 Since land-energy regulations enabling the use of distributed renewable energy may raise business costs in the short term and may at least appear capable of deterring industrial siting, we contend that a federal minimum standard is necessary to prevent local governments from engaging in races to the bottom. 312 A federal minimum requirement for implementing policies designed to promote the adoption of distributed renewables also should offset the local-level public choice problems that we have mentioned 313 and thereby help to avoid "negative experiments" in which cities empowered with land-energy rule-making authority respond disproportionately to anti-renewables interests and stifle the adoption of distributed renewables. 314

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