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Dormant Commerce Clause Federal Energy Regulatory Commission Energy Policy

Troutman Pepper Locke

Federal Appeals Court Appears Skeptical of State’s Ability to Question Federal Transmission Planning Decisions

Troutman Pepper Locke on

On December 5, 2024, the U.S. Court of Appeals for the Third Circuit heard oral arguments in Transource Pennsylvania LLC v. Steven M. Defrank, et.al. The case presents the question of potential tension between FERC’s...more

Akin Gump Strauss Hauer & Feld LLP

Federal Courts’ Dismissal of Pre-emption Challenges to Illinois and New York ZEC Nuclear Subsidies Returns Focus to FERC

On July 14, 2017, and July 25, 2017, the U.S. District Court for the Northern District of Illinois and the U.S. District Court for the Southern District of New York, respectively, dismissed challenges to the Illinois and New...more

King & Spalding

Maryland and New Jersey Programs Supporting New Generation Invalidated

King & Spalding on

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

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