News & Analysis as of

Preemption Energy Market

Verrill

U.S. Supreme Court Asked to Review Zero Emissions Credit Schemes

Verrill on

In two related cases, Petitioners are asking the U.S. Supreme Court to strike down state generator subsidies that Petitioners argue distort competitive wholesale power markets that are under the exclusive jurisdiction of the...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Joins Seventh Circuit in Upholding Constitutionality of ZECs, Ending the Current Preemption Fight Against Nuclear...

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

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Akin Gump Strauss Hauer & Feld LLP

Recent Complaints Highlight Continued Friction between State Policy Goals and Federally Regulated Wholesale Power Markets

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

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