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Expert Analysis

Ominous News For State Energy Commissions

Law360, New York ( October 21, 2013, 1:10 PM EDT) -- Two recently decided cases by the U. S. District Courts for the District of Maryland and the District of New Jersey have potentially far-reaching implications for state regulatory commissions.  The district courts find that Maryland and New Jersey initiatives to develop new generation facilities to address in-state reliability needs impermissibly regulate in the area of wholesale energy rates, a domain reserved exclusively to the Federal Energy Regulatory Commission under the Federal Power Act (FPA) and thus run afoul of the Supremacy Clause of the U. S. Constitution. . . .

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