On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more
10/23/2018
/ Appeals ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Electricity ,
Energy Market ,
Energy Sector ,
Federal Power Act ,
Interstate Commerce ,
Nuclear Power ,
Out-of-State Companies ,
Power Plants ,
Preemption ,
Standing ,
States Rights ,
Subsidies ,
Utilities Sector ,
Wholesale ,
Zero Emission Credits
In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more
9/21/2018
/ Appeals ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Energy Sector ,
Federal Power Act ,
FERC ,
Nuclear Power ,
Preemption ,
Renewable Energy ,
States Rights ,
Utilities Sector ,
Wholesale ,
Zero Emission Credits
On August 23, 2016, two Maryland electric cooperatives filed a Petition for Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to find that the Maryland Public Service Commission’s (MPSC) recently...more
On June 24, 2016, two complaints were filed with the Federal Energy Regulatory Commission (“Commission or FERC”) that highlight the continued tension between state policy initiatives and the mandatory centralized capacity...more
6/30/2016
/ Capacity Market ,
Energy Market ,
Energy Sector ,
Federal Power Act ,
FERC ,
ISO-NE ,
ISOs ,
NYISO ,
PJM ,
Preemption ,
RTO ,
Utilities Sector