High Court Leaves NJ Power Plant Hopes Dimmed But Not Out

Law360, New York (April 21, 2016, 10:21 PM EDT) -- A U.S. Supreme Court decision striking down subsidies for the construction of power plants in Maryland is likely the death knell for a similar program in New Jersey and sends officials back to the drawing board to look to drum up in-state energy production, although several alternatives could fill the void.

The justices on Tuesday backed the invalidation of Maryland's power plant subsidy program, agreeing with district and circuit courts that the incentives intended to spur in-state power plant construction there usurp the Federal Energy Regulatory Commission's authority over wholesale electricity markets. The New Jersey Board of Public Utilities had also...

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