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 same time, state and federal regulators are adopting novel laws and regulations to cope with these changes and to address other priorities, such as reducing …
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 the Federal Power Act. That approach, it concludes, represents a promising development for the future of electricity regulation, especially for programs such as net metering …
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 to incentivize the construction of new power plants is field preempted by the Federal Power Act (“FPA”)—that is, whether the Maryland law intrudes on an …
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 earlier, the Court heard oral argument in the first case, Federal Energy Regulatory Commission v. Electric Power Supply Association (“EPSA”). Following …
Electricity Regulation at the Supreme Court: What Might the Grant of PPL Mean for EPSA? Read More »
Guarini Center welcomes new Energy Law Fellow Matthew Christiansen. Matt brings a wealth of hands-on experience navigating some of the most complicated and important questions in energy law today. Prior to joining the Guarini Center Matt was a law clerk to the Hon. Stephen F. Williams on the U.S. Court of Appeals and the Hon. …
Guarini Center Welcomes Matthew Christiansen as Energy Law Fellow Read More »
