Supremacy Clause Issues And Calif.'s Feed-In Tariff

Law360, New York (August 17, 2010, 6:49 PM EDT) -- The Federal Energy Regulatory Commission recently addressed in a case of first impression the authority of states to implement feed-in tariff programs designed to encourage "green" energy.

Addressing arguments that such programs are preempted because they seek to regulate wholesale power sales that are exclusively FERC's domain under the Federal Power Act ("FPA"), the order finds that California's feed-in tariff program is permissible only to the extent it complies with the Public Utilities Regulatory Policy Act ("PURPA"). The order raises questions concerning the future of state-initiated...
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