The boundary between state and federal authority over the electricity sector is in flux. A host of new technologies is rapidly changing how electricity is generated and consumed. At the […]
The FPA and the Private Right to Preempt Read More »
This article examines the Supreme Court’s recent decision in Federal Energy Regulatory Commission v. Electric Power Supply Association. It argues that the decision represents a deeply functional and pragmatic approach to
FERC v. EPSA: Functionalism and the Electricity Industry of the Future Read More »
On February 24, the Supreme Court will hear oral argument in Hughes v. Talen Energy Marketing. In deciding this case, the Court must determine whether an effort by the State of Maryland
FPA Preemption in the 21st Century Read More »
States across the country are witnessing a surge in distributed electricity generation. DG has the potential to provide significant economic and reliability benefits. DG powered by zero- or low-emissions resources may
Last week, the Supreme Court granted certiorari in Hughes v. PPL EnergyPlus, LLC (“PPL”), its second case of the term involving the Federal Energy Regulatory Commission’s (“FERC”) regulation of wholesale electricity markets. Two days
Electricity Regulation at the Supreme Court: What Might the Grant of PPL Mean for EPSA? Read More »
