The State AG Report – 8.25.2022

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Here are this week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US:

  • Western AGs Seek to Intervene In Opposition to Natural Gas Pipeline Expansion
  • Ayala to Challenge Moody for Florida AG
  • DC AG Racine Fines Instacart Over Allegedly Misleading Consumers About Fees
  • FTC and U.S. DOJ Urge FERC to Protect Competition in Electricity Markets
  • Nessel, Raoul Lead Amicus Coalition Arguing for States’ Rights

Western AGs Seek to Intervene In Opposition to Natural Gas Pipeline Expansion

California AG Rob Bonta, Washington AG Bob Ferguson, and Oregon AG Ellen Rosenblum have filed a Motion to Intervene and Protest requesting that FERC deny an application for a capacity expansion for the Gas Transmission Northwest Express pipeline.
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Ayala to Challenge Moody for Florida AG

Aramis Ayala, a former state attorney, has won the Democratic primary race for AG, and will face incumbent AG Ashley Moody, a Republican, in the fall general election.
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DC AG Racine Fines Instacart Over Allegedly Misleading Consumers About Fees

District of Columbia AG Karl Racine settled a lawsuit with online delivery service Instacart to resolve allegations that Instacart misled customers in the District regarding service fees and failed to remit taxes on those fees in violation of the District of Columbia Consumer Protection Procedures Act and the District’s sales tax law.
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FTC and U.S. DOJ Urge FERC to Protect Competition in Electricity Markets

The FTC and U.S. DOJ have submitted a joint comment to the FERC in response to an April 2022 Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, expressing concern regarding the impact of a possible reinstatement of a federal Right of First Refusal on competition in the market for providing electricity to consumers.
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Nessel, Raoul Lead Amicus Coalition Arguing for States’ Rights

On August 18, 2022, a multistate coalition of AGs, led by Illinois AG Kwame Raoul and Michigan AG Dana Nessel, filed an amicus brief in the United States Supreme Court case National Pork Producers Council v. Ross, arguing that the dormant Commerce Clause does not preclude states from regulating conduct within their borders merely because the regulations incidentally affect out-of-state conduct.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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