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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!