The Role of Common Law in Energy Law

Regulations are not a source of common law, as they are created by government agencies rather than by courts.

The doctrine of stare decisis requires courts to follow the precedent of previous decisions in order to ensure consistency and predictability in the law.

The takings clause is a constitutional principle that protects private property from being taken by the government without just compensation. It has not been applied to energy law in the same way that the other principles listed have.

The public trust doctrine has been used to protect air quality, water quality, and public access to beaches, among other things.

The dormant commerce clause has been used to prevent states from discriminating against out-of-state energy companies and from regulating the flow of energy across state lines.

The public's demand for more certainty in energy law is not a challenge to the role of common law, as common law is a flexible and adaptable body of law that can respond to changing circumstances.

Common law is a well-established and respected body of law that is likely to continue to play a significant role in energy law, even as federal and international energy law continue to develop.