Texas Insists Grid Project Law Is Constitutional

Law360 (August 26, 2019, 5:56 PM EDT) -- Texas officials told a federal judge Friday there's nothing unconstitutional about the state's recently enacted law saying only incumbent transmission companies can build new power lines that connect to their existing systems, urging him to dump a suit lodged by an out-of-state transmission developer.

A transmission development unit of NextEra Energy wants the court to overturn S.B. 1938, signed into law in May, arguing that it discriminates against out-of-state transmission developers in violation of the Constitution's dormant commerce clause. But the Lone Star State told U.S. District Judge Lee Yeakel in a dismissal motion that the law merely codifies the long-standing...

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