When Less is More: An Energy Efficiency Set-Aside as a Leakage Mitigation Strategy Under the Clean Power Plan

and the ENR Center make no warranty, express or implied, and assume no legal liability for the information in this paper; nor does any party represent that the uses of this information will not infringe upon privately owned rights. iii Acknowledgments Thank you first and foremost to Jason Salmi Klotz, who supplied invaluable insight and guidance and without whom this project would not have been possible. the research topic. The author is particularly grateful for Kristin Loebbecke and Al Stavitsky's generous pro-bono editing services and for Terri, John, Jim, and Andrew, who provided not only valuable dining room table real estate but also patience, love, and support throughout this process. This white paper was created through the University of Oregon Environmental and Natural Resources Law (ENR) Center's Energy Law and Policy Project, an interdisciplinary research project focused on exploring innovative law and policy that promote a green energy future. As part of the ENR Center's mission of "engaging the law to support sustainability on earth," the ENR Center administers seven theme-based, interdisciplinary research projects that team law student enthusiasm with faculty expertise in an effort to bring intellectual energy to bear on some of the most challenging and cutting-edge environmental issues of our day. The seven interdisciplinary research projects include the Center awards one-year fellowships to a select group of University of Oregon School of Law students to work with ENR faculty members on specific research projects within each of the theme-based, interdisciplinary research projects. The Energy Law and Policy Project is one of seven theme-based, interdisciplinary research projects administered by the University of Oregon ENR Center. The Project is led by faculty iv leaders Adell Amos and Roberta Mann. The mission of the Energy Law and Policy Project is to explore innovative law and policy to promote a green energy future. Important issues the Project has recently explored include the following: obstacles and solutions for energy storage; the scope of the Oregon Public Utilities Commission's enabling authority as related to clean energy modes of production; and opportunities, limitations, and the latest trends regarding the Environmental Protection Agency and the states' use of its authority under Section 111(d) of the Clean Air Act to regulate sources of greenhouse gas emissions.