Ominous News For State Energy Commissions

Law360, New York (October 21, 2013, 1:10 PM EDT) -- Two recently decided cases by the U.S. District Courts for the District of Maryland and the District of New Jersey have potentially far-reaching implications for state regulatory commissions. The district courts find that Maryland and New Jersey initiatives to develop new generation facilities to address in-state reliability needs impermissibly regulate in the area of wholesale energy rates, a domain reserved exclusively to the Federal Energy Regulatory Commission under the Federal Power Act (FPA) and thus run afoul of the Supremacy Clause of the U.S. Constitution.

These twin...
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