8th Circ. Says Minn. Grid Law Is Constitutional

Law360 (March 25, 2020, 12:57 PM EDT) -- The Eighth Circuit on Wednesday upheld a Minnesota law giving in-state electric transmission companies a right of first refusal before out-of-state companies can build new lines, saying it doesn't violate the U.S. Constitution's dormant commerce clause.

Affirming a lower court, an Eighth Circuit panel held Minnesota's right of first refusal law doesn't discriminate against out-of-state companies like transmission developer LSP Transmission Holdings LLC, nor place any undue burden on them. And the Federal Energy Regulatory Commission has long given states a wide berth when it comes to regulating the siting and construction of transmission lines, the court said.

"Minnesota's preference is...

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