Joel B. Eisen
Professor of Law
Austin Owen Research Fellow
Courses Taught Energy Law Law of Clean & Renewable Energy Environmental Law Environmental Law & Policy (Undergraduate Environmental Studies Program) Law of Climate Change Environmental and Energy Law in China Property
Profile

Professor Joel Eisen teaches and writes in the areas of energy law and policy, environmental law and policy, climate change, and the Smart Grid. He is a co-author of the leading law and business school textbook on energy law, Energy, Economics and the Environment: Cases and Materials, as well as numerous books, book chapters, treatises, and law review articles on electric utility regulation, renewable energy, and brownfields law and policy. Professor Eisen's scholarship has appeared in law journals at Harvard, Duke, Notre Dame, Fordham, Illinois, Wake Forest, and William & Mary Law Schools, among other venues. He was awarded the University of Richmond's Distinguished Educator Award in 2010, and his article "Residential Renewable Energy: By Whom?" was voted one of the four top environmental articles of 2011 by the Vanderbilt Law School and Environmental Law Institute. From 1993-2005, he was Director of the Robert R. Merhige, Jr., Center of Environmental Law. In 2009, Professor Eisen served as a Fulbright Professor of Law at the China University of Political Science and Law in Beijing, China.

Presentations
Smart Regulation and Federalism For the Smart Grid, Harvard Law School and Kennedy School of Government, Cambridge, MA, March 2012 (presentation of work in progress)
Distributed Energy Resources and the Smart Grid, Environmental & Energy Law & Policy Journal, University of Houston Law Center, Houston, TX, March 2012 (invited speaker at annual symposium)
Faith and the Law, University of Richmond School of Law, March 2012 (panelist)
The Future of Energy Law: Residential Renewable Energy: By Whom?, Vanderbilt Law Review and Climate Change Research Network, Nashville, TN, February 2012 (keynote presentation at symposium organized to feature the article “Residential Renewable Energy: By Whom?,” honored as one of four top environmental law and policy articles of 2011)
Smart Regulation and Federalism For the Smart Grid, Johns Hopkins University, Energy and Climate Program, Washington, DC, January 2012 (presentation of work in progress)
CERCLA and the Future of Liability-Based Environmental Regulation, Southwestern Law School, Los Angeles, CA, November 2011 (invited panelist)
Harvard China Energy & Environment Conference, Cambridge, MA, April 2011 (invited speaker and panel moderator)
Perspectives on Energy Law and Climate Change in China, MIT Energy Club, Cambridge, MA, April 2011
Prospects For Offshore Wind In The Aftermath of the Deepwater Horizon Disaster, William and Mary Environmental Law and Policy Review, Williamsburg, VA, January 2011 (invited speaker at annual symposium)
Residential Renewable Energy: By Whom?, University of Utah, S.J. Quinney College of Law, January 2011 (invited speaker at The Future of Energy Law symposium)
Panelist, Environmental Awareness Group and First Year Seminar on Green Schools expert panel on renewable energy, University of Richmond, Richmond, VA, December 2010
Chesapeake Bay TMDL Fall 2010 Public Meeting, Jepson Alumni Center, University of Richmond, October 2010 (presented public comment on EPA’s draft TMDL, written and edited with students in the Environmental Law and Policy course; led student presentations of oral comments at the meeting)
Renewables and Climate Change, Intrinergy Anniversary Event, Richmond, VA, September 2010
The Challenges of Teaching Law in China, Academy of Legal Studies in Business, Richmond, VA, August 2010 (invited keynote speaker at academic conference)
View on the Gulf of Mexico Oil Spill, 12 News First At 4, WWBT-12, Richmond, VA, April 2010
Law and the Environment, University of Richmond Chemistry Department, Spring Seminar Speakers’ Series, April 2010.
Teaching in China, University of Richmond School of Law, Internal Speakers Series Spring 2010, April 2010
The Future of Energy Regulation, Vision 2020: A View of Our Energy Future, University of Richmond School of Law, April 2010
The Case For Solar Utilities, Washington and Lee University School of Law, March 2010 (invited participant in annual Journal of Energy, Climate, and Environment (JECE) and Environmental Law Society symposium on Intersection of Renewable Energy Development and Geoengineering)
University of Richmond News (with Joan Tupponce), Teaching in China: Law professor teaches environmental law in Beijing, February 2010 (article about Fulbright Scholar experience reprinted from October 2009 issue of Richmond Now)

China’s Renewable Energy Law: The “Green” To China’s “Black,” William and Mary Environmental Law and Policy Review, January 2010 (invited participant in annual symposium)

Copenhagen Climate Change Simulation, November 2009 (multinational negotiation exercise conducted via videoconferencing with universities in Hong Kong and mainland China)
The Challenge of Global Warming and the Copenhagen Negotiations, October 2009, via videoconference to Hong Kong Baptist University, Hong Kong (introductory lecture in multinational climate change negotiation exercise)
Experience As A Fulbright Scholar in China, University of Richmond Board of Trustees, Richmond, VA, September 2009
U.S. Climate Change Policy in the Obama Administration, Peking University, Beijing, China, June 2009
U.S. Energy and Environmental Policy in the Obama Administration, Southwest University of China, Chongqing, China, June 2009
Addressing Global Warming at the Domestic and International Levels, Southwest University of China, Chongqing, China, June 2009
U.S. Climate Change Legislation and Administrative Proposals: Implications For International Agreement on Global Warming, Hongik University, Seoul, South Korea, June 2009
Environmental Issues in Real Estate Transactions: Brownfields, Ocean University of China, Qingdao, China, May 2009
U.S. Energy and Environmental Policy in the Obama Administration, Ocean University of China, Qingdao, China, May 2009

Sino-American Relations: Environmental Protection & Climate Change: A Framework For Discussion, Sino-American Relations Workshop, The Fulbright Program, Hopkins-Nanjing Center, Fudan University, Nanjing, China, May 2009

Energy and Environmental Law and Policy in the Obama Administration, University of International Business and Economics, Beijing, China, May 2009
International Law of Global Warming: Kyoto Protocol and Recent Negotiations, United International College, Zhuhai, China, April 2009
Environmental Issues in Real Estate Transactions: Brownfields, Renmin (Peoples’) University of China, Beijing, China, April 2009
Energy, Environment, and the Election, Temple Beth El, Richmond, VA, September 2008
National Regulatory Conference, Williamsburg, VA, May 2007 (invited panel moderator on energy “re-regulation” law)
Mission Impossible?, The Compatibility of Military and Environmental Goals, William and Mary Environmental Law and Policy Review, February 2007 (invited)
Preserving the Chesapeake: Law, Ecology, and the Bay, University of Richmond School of Law, October 2006 (panel moderator)
Jepson Leadership Forum, University of Richmond, October 2006 (panelist for discussion of "An Inconvenient Truth")
The End of Oil:  How Will the U.S. Power the Future?, University of Richmond VOICES public panel discussion, October 2005
Realizing the Promise of Electricity Deregulation,Wake Forest Law Review, Summer 2005 (invited to contribute to dedicated issue)
Recent Supreme Court Cases, 5400 Men’s Club, Weinstein JCC, Richmond, VA, April 2005
Environmental Regulation, Energy, and Market Entry, Duke Environmental Law and Policy Forum, Duke Law School, Durham, NC, November 2004
13th World Clean Air and Environmental Protection Congress, London, England, August 2004
The Blackout of 2003: What's Next?: Transmission Investment, Restructuring, and the Future of the Electric Utility Industry, University of Richmond School of Law, Richmond, VA, April 2004 (symposium organizer, leader, and panelist)
Terror in the Air: Environmental Fallout from 9/11, Fordham Environmental Law Journal, Fordham Law School, New York, NY, March 2003
Richmond Bar Association, Environmental Law, November 2000 (moderator and speaker)
Seventh International Conference on Ecology and Environmental Quality Sciences, Jerusalem, Israel, June 1999
National Town Meeting on Sustainable Development, Detroit, MI, May 1999
Sixth International Conference on Ecology and Environmental Quality Sciences, Jerusalem, Israel, June 1996
Memberships
Faculty Leader, George E. Allen Chair in Law Visiting Scholars Series (1998) (theme: "Resolving International Environmental Disputes in the 1990s and Beyond")
Chair and Member, Distinguished Educator Committee (2010-12)
Chair, Search Committee for Director of the Law Library (1996)
Member and Co-Chair, Committee on Student and Alumni Affairs (2002-2006; 2009 - present)
Member, Promotion and Tenure Committee (2001-2004; 2006-2010; chair of reappointment subcommittee for Professor Noah Sachs, 2011; chair of promotion and tenure committee for Professor Sachs, 2011-2012)
Member, Tenure Subcommittee, Promotion and Tenure Committee (review of new hire, 2010; scholarship reviewer for two new hires, 2011)
Member, Admissions and Financial Aid Committee (1995-present); Committee Chair (2009-10)
Member, Library and Technology Committee (1995-2001)
Member, Faculty Colloquy Committee (1993-1995). Faculty Secretary (1994-1995)
Faculty Representative, American Association of Law Schools House of Representatives (1994-95)
Faculty Advisor, Robert R. Merhige, Jr. National Environmental Negotiation Competition (1994-2005)
Affiliate Faculty, Modern Literatures and Cultures Department (2010-present)
Member, Steering Committee, Chinese Studies major (2010-present)
Member, Promotion and Tenure Committee, Jepson School of Leadership Studies (fall 2010; participated in tenure review of Professor Thad Williamson)
Member, University Committee on Grievances (2010-present). Drafted report on a Grievance Committee matter (2012). Redrafting the grievance section of the Faculty Handbook (with Professor Jim Gibson) (summer 2012)
Member, Committee to Draft Campus Climate Action Plan (2009-present)
Member, Advisory Board, Center for Teaching, Learning, and Technology (2009-present)
Member, Fulbright Scholarship Evaluation Committee (2008-present).
Member, Committee on Honorary Degrees (2002-present). Member, University Faculty Council (2001-2005)
Member, Committee on Honorary Degrees (2002-present). Member, University Faculty Council (2001-2005)
Direction of the Robert R. Merhige, Jr. National Environmental Negotiation Competition (annual competition for students from law schools throughout the nation) and the Merhige Summer Stipend Program (program awarding stipends for summer placements in federal government agencies and public interest organizations)
American Bar Association, Section on Natural Resources and Environmental Law
Member, Advisory Committee, Virginia Housing for the Environment
Member, Advisory Board, Legal Information Network for Cancer (1998-2002)
Member, Board of Trustees, Richmond Shakespeare
Bar Admissions
District of Columbia
California
Professional Experience
Fulbright Professor of Law (Spring 2009)
China University of Political Science and Law, Beijing, China
Professor of Law (2000-present)
University of Richmond School of Law, Richmond, Va.
Associate Professor of Law (1997-2000)
University of Richmond School of Law, Richmond, Va.
Assistant Professor of Law (1994-1997)
University of Richmond School of Law, Richmond, Va.
Visiting Assistant Professor of Law (1993-1994)
University of Richmond School of Law, Richmond, Va.
Director, Robert R. Merhige, Jr., Center of Environmental Law (1993-2005)
University of Richmond School of Law, Richmond, Va.
Adjunct Professor (1992)
University of the District of Columbia School of Law, Washington, D.C.
Lecturer (1989)
George Washington Univ. Law School, Washington, D.C.
Counsel (1987-1993)
U.S. House of Representatives, Washington, D.C.
Associate Attorney (1985-1987)
McCutchen, Doyle, Brown & Enersen, San Francisco, Ca.
Publications
Books

Energy, Economics and the Environment: Cases and Materials (4th ed. forthcoming) (co-lead editor).

Energy, Economics and the Environment: Cases and Materials (3d ed. 2010) (co-authored with Fred Bosselman, Jim Rossi, David Spence, and Jacqueline Lang Weaver).

Energy, Economics and the Environment: Cases and Materials (2d ed. 2006) (co-authored with Fred Bosselman, Jim Rossi, David Spence, and Jacqueline Lang Weaver). [SSRN]

Structuring Commercial Real Estate Workouts: Alternatives to Foreclosure (2d ed. 1999) (Author, with W. Wade Berryhill and Michael J. Herbert).

Articles

An Open Access Distribution Tariff: Removing Barriers To Innovation On The Smart Grid, __ UCLA L. Rev. __ (forthcoming 2014).

Who Regulates the Smart Grid?: FERC's Authority Over Demand Response Compensation in Wholesale Electricity Markets, 4 San Diego J. Climate & Energy L. 69 (2013). [SSRN] [W]

Smart Regulation and Federalism For the Smart Grid, 37 Harv. Envtl. L. Rev. 1 (2013). [Journal] [SSRN] [L] [W]

Distributed Energy Resources, "Virtual Power Plants," and the Smart Grid, 7 U. Hous. Envtl. & Energy L. & Pol'y J. 191 (2012; invited symposium issue). [Journal] [W] [HEIN]

Residential Renewable Energy: By Whom?, 31 Utah Envtl. L. Rev. 339 (2011) (invited symposium issue) (selected as one of the top 4 environmental law and policy articles of 2011 by the Environmental Law Institute and Vanderbilt University Law School). [Journal] [SSRN] [L] [W] [HEIN]

Finality in Brownfields Remediation and Reuse, 41 Sw. L.J. 773 (2012) (invited symposium issue). [Journal]

China's Greentech Programs and the USTR Investigation, 11 Sustainable Dev. L. & Pol'y, Climate Law Reporter 3 (2011). [Journal] [L] [W] [HEIN]

The New Energy Geopolitics?: China, Renewable Energy, and the "Greentech Race," 86 Chi.-Kent L. Rev. 9 (2011). [Journal] [SSRN] [L] [W] [HEIN]

Can Urban Solar Become a "Disruptive" Technology?: The Case For Solar Utilities, 24 ND J. L. Ethics & Pub Pol'y 53 (2010) (invited symposium issue). [SSRN] [L] [W] [HEIN]

China's Renewable Energy Law: A Platform for Green Leadership?, 35 Wm. & Mary Envtl. L. & Pol'y Rev. 1 (2010) (invited symposium issue). [Journal] [SSRN] [L] [W] [HEIN]

Brownfields and BRAC: A Surprising "Compatibility,32 Wm. & Mary Envtl. L. & Pol'y Rev. 403 (2008). [Journal] [SSRN] [L] [W] [HEIN]

Brownfields at 20, A Critical Reevaluation, 34 Fordham Urb. L.J. 721 (2007). [Journal] [SSRN] [L] [W] [HEIN]

Rapanos, Carabell, and the Isolated Man, 40 U. Rich. L. Rev. 1099 (2006) (symposium issue). [Journal] [L] [W] [HEIN]

The Environmental Responsibility of the Regionalizing Electric Utility Industry, 15 Duke Envtl. L. & Pol'y F. 295 (2005) (symposium issue). [Journal] [SSRN] [L] [W] [HEIN]

Regulatory Linearity, Commerce Clause Brinksmanship, and Retrenchment in Electric Utility Deregulation, 40 Wake Forest L. Rev. 545 (2005) (invited article in dedicated issue on "Realizing the Promise of Electricity Deregulation"). [SSRN] [L] [W] [HEIN]

The Blackout of 2003: What Is Next?, 39 U. Rich. L. Rev. 709 (2005) (symposium remarks). [L] [W] [HEIN]

A Critique of the Regulations Revising the U.S. Clean Air Act's New Source Review Program, in Proceedings of the 13th World Clean Air and Environmental Protection Congress, London, England, August 2004.

The Trajectory of "Normal" After 9/11: Trauma, Recovery and Post-Traumatic Societal Adaptation, 14 Fordham Envtl. Law J. 499 (2003) (symposium issue). [L] [W] [HEIN]

A Case Study of Sustainable Development: Brownfields, 32 Environmental Law Reporter 10,420 (2002). [Journal]

Practice, Policy, and Pedagogy in a Mandatory Environmental Law Course, 123 Water, Air, & Soil Pollution 409 (2000). [Journal]

Brownfields Policies For Sustainable Cities, 9 Duke Envtl. L. & Pol'y F. 187 (1999). [Journal] [SSRN] [L] [W] [HEIN]

From Stockholm to Kyoto and Back to the United States: International Environmental Law's Effect on Domestic Law, 32 U. Rich. L. Rev. 1435 (1999). [SSRN] [L] [W] [HEIN]

Are We Ready For Mediation in Cyberspace?, 1998 B.Y.U.L. Rev. 1305. [Journal] [SSRN] [L] [W] [HEIN]

"Brownfields of Dreams?": Challenges and Limits of Voluntary Cleanup Programs and Incentives, 1996 U. Ill. L. Rev. 883. [Journal] [SSRN] [L] [W] [HEIN]

Toward a Sustainable Urbanism: Lessons from Federal Regulation of Urban Stormwater Runoff, 48 Wash. U. J. Urb. & Contemp. L. 1 (1995). [SSRN] [L] [W] [HEIN]

Introduction: Policy in the Wake of the Kepone Incident, 29 U. Rich. L. Rev. 521 (1995). [L] [W] [HEIN]

Antitrust Reform For Joint Production Ventures, 30 Jurimetrics J. 253 (1990). [HEIN]

Federal Preemption of Due-on-Sale Clause Prohibitions, 15 Urb. Law. 858 (1983). [HEIN]

Sino-American Relations: Environmental Protection & Climate Change: A Framework For Discussion, Sino-American Relations Workshop, The Fulbright Program, Hopkins-Nanjing Center, Fudan University, Nanjing, China, May 2009.

Chapters

International Standards For the Smart Grid, in Smart Grid Law and Policy (Seoul National Univ., Seoul, Korea, forthcoming 2014).

Mitigation of Climate Impacts in the Electricity Sector, in Research Handbook on Climate Change Mitigation Law (Edward Elgar Publishing, forthcoming 2014).

Stigmatized Sites and Urban Brownfields Redevelopment, in The Oxford Handbook of Land Economics (Joshua M. Duke and JunJie Wu eds., Oxford U. Press, 2014).

Energy and Environmental Law, in Perspectives on American Law (Peking University Press, 2013).

Energy Industries – Renewables, in China, India, and East and Southeast Asia: Assessing Sustainability, Encyclopedia of Sustainability (Berkshire Publishing, 2012).

Sustainability Strategies For Urban Brownfields Redevelopment, in Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (John Dernbach ed., Environmental Law Inst., 2012).

Utilities Regulation, in The Law and Politics of Sustainability, Encyclopedia of Sustainability (Berkshire Publishing, 2011).

"Smart" Brownfields Development, in Agenda For a Sustainable America (Environmental Law Institute, 2008).

A Case Study of Sustainable Development: Brownfields, in Stumbling Toward Sustainability, Ch. 40 (Environmental Law Institute, 2002).

Tenancy in Common, Tenancy in Partnership, and Tenancy in Coparcenary, in Powell on Real Property, Ch. 50 (2000).

Practice, Policy, and Pedagogy in a Mandatory Environmental Law Course, in Environmental Challenges (Shimshon Belkin and Shoshana Gabbay, eds., 2000) (with Michael Allan Wolf).

Alternative Dispute Resolution at the Environmental Protection Agency, in Federal Administrative Dispute Resolution Deskbook for Practitioners, Ch. 13 (ABA Section of Admin. Law and Regulatory Practice, Marshall J. Breger et al., eds., 2000.

Alternative Dispute Resolution In American Environmental Conflicts: A Framework For Analysis And Application To Environmental Protection In Israel, in VI(A) Proceedings of the Sixth International Conference, at 321 (Israel Society for Ecology & Environmental Quality Sciences, 1996).

Reviews

Environmental Law in China, Chinadialogue.net (book review of Charles R. McElwee, Environmental Law in China: Mitigating Risk and Ensuring Compliance (2011), June 2011).


Education
B.S., Massachusetts Institute of Technology 1981
J.D., Stanford Law School 1985
Contact Information
(804) 287-6511
(804) 289-8683 (Fax)
Skype: joeleisen
Twitter: @joeleisen
LinkedIn: Joel Eisen
Areas of Expertise
Energy Law and Policy
Smart Grid, Utilities Regulation, and Renewable Energy
Environmental Law and Policy
Climate Change