General Business Energy & Utilities Conflict of Laws

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Maryland and New Jersey Programs Supporting New Generation Invalidated

Two federal district courts recently found that the exclusive jurisdiction of the Federal Energy Regulatory Commission ("FERC") over wholesale sales of electricity under the Federal Power Act (the "FPA") preempts state...more

Federal Court Finds New Jersey’s Long-Term Capacity Pilot Project Unconstitutional

On October 11, 2013, the United States District Court for the District of New Jersey issued its decision in PPL Energyplus, LLC v. Hanna. This case follows a recent decision in which the U.S. District Court for the District...more

MD and NJ Programs Subsidizing New Power Plants Found Unconstitutional in Separate Federal Decisions

On October 11, 2013, New Jersey’s Long-Term Capacity Pilot Program (LCAPP) became the second state program designed to foster the development of new in-state power plants to be found unconstitutional in as many weeks. In late...more

"Fifth Circuit Holds That Electricity Agreements Are Shielded From Avoidance Powers Under Bankruptcy Safe Harbor"

In its recent decision in Lightfoot v. MXEnergy Electric, Inc. (In re MBS Mgmt. Serv., Inc.), No. 11-30553, 2012 U.S. App. LEXIS 15995 (5th Cir. Aug. 2, 2012), the United States Court of Appeals for the Fifth Circuit ruled...more

Is the Service Area of a Federally Indebted Water Utility Still “Sacrosanct” Under 7 USC 1926(b)?

Introduction: •What is 7 USC 1926(b) •Characteristics of Retail W/WW Service •Classic Service Encroachment Case •What Constitutes “Service Made Available” •Impact of Recent Court Decisions Please see full...more

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