Professor van de Biezenbos Takes on Energy Monopolies

In her short time at California Western, Professor Kristen van de Biezenbos is already showing what makes her such an asset to our community. When profiled earlier this year, she said, “I write to change things,” and in her latest article, “The Case Against Regional Transmission Monopolies,” published in the Washington University School of Law Review, she does just that, taking on the corporate entities that stand in the way of the U.S.’s goal of achieving net zero carbon emission by 2035. 

In the article, Professor van de Biezenbos identifies the urgent need to expand our national energy transmission infrastructure, which is the only way the country will be able to broadly distribute wind and solar energy from the rural areas where these facilities are built. 

Next, she provides a highly compelling historical overview of the rise of electricity and transmission monopolies, and an astute analysis of the legal and political maneuvering that helped them ensconce their power.

Finally, she demonstrates that the Federal Energy Regulatory Commission has full legal authority under the Federal Power Act to withdraw the Right of First Refusal exceptions that have been made for electricity monopolies and allowed them to resist and refuse “to participate in building the regional infrastructure we desperately need.” Such a withdrawal, Professor van de Biezenbos argues, would create greater competition in the electricity market, incentivizing companies to build the infrastructure needed for rapid decarbonization. 

The article is an incredible example of Professor van de Biezenbos’s ability to distill history, climate policy, corporate business models, and legal analysis, and all in an effort to agitate for a change in policy that “prioritizes the public good over private profit.”

We commend Professor van de Biezenbos for the example she sets for our students in using the law to solve societal problems. Click here to read the full article: The Case Against Regional Transmission Monopolies – Washington University Law Review (wustllawreview.org).