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Crossed Wires and Split Circuits: Transmission Rights of First Refusal

As population growth and increased electrification rapidly raise demand for power, U.S. electric grids are struggling to keep pace, and the need for more transmission capacity is pressing. The U.S. Congress has delegated its interstate commerce authority to the Federal Energy Regulatory Commission to regulate interstate transmission rates. Meanwhile, states regulate intrastate transmission rates. What is perhaps surprising, though, is the fact that states generally have authority over the siting and construction of interstate transmission lines.

California Restaurant Ass'n v. Berkeley, City of

The Ninth Circuit reversed a district court's dismissal of an industry group's challenge to the city of Berkeley's natural gas hookup ban. The group argued the federal Energy Policy and Conservation Act (EPCA) preempted the ban, which enacted a building code prohibiting installation of natural gas p...

South Carolina v. United States Army Corps of Engineers

The Fourth Circuit, 2-1, vacated a district court ruling in a lawsuit concerning the Army Corps of Engineers' plan for maintaining a dam on the Savannah River. The state of South Carolina argued the Corps' plan violated the Water Infrastructure Improvements for the Nation (WIIN) Act because it would...