University of San Diego

San Diego Journal of Climate & Energy Law


This Article proceeds in six parts. Part II offers a primer on RPSs, describing RPSs primary traits, how the laws are designed, why they are enacted, and how that relates to regulatory races. Part III overviews the literature on regulatory races, contrasting races to the bottom with races to the top. Part IV conceptualizes how state enactments of RPSs might be viewed as a race to the top. Part V examines evidence on whether RPSs can in fact be understood as a regulatory race. Using this evidence, Part V determines that state RPSs do not appear to be trending toward generally more stringent laws, and then briefly assesses the implications of that finding. Perhaps most important, the lack of an RPS race to the top leaves room for federal action on renewable energy. Part VI concludes.