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Preemption

Hughes v. Talen Energy Marketing LLC

The U.S. Supreme Court held that the Federal Power Act (FPA) preempts a Maryland program intended to encourage in-state power generation. Maryland selected, through a proposal process, a power generation development company to construct...

PPL EnergyPlus, LLC v. Solomon

The Third Circuit struck down New Jersey's Long Term Capacity Pilot Program Act, which was enacted in 2011 to encourage the construction of new power plants within the state. The program, known as "LCAPP", would add a cumulative 2,000...

Albany Eng'g Corp. v. Federal Energy Regulatory Comm'n

The D.C. Circuit reversed and remanded a Federal Energy Regulatory Commission (FERC) order allowing states to regulate the reimbursement of "headwater benefits" from downstream hydropower plants to upstream dam operators. To enable...

Grand Council of the Crees v. Federal Energy Regulatory Comm'n

The court holds that a Native American council and an environmental group lack standing under the Federal Power Act (FPA) and the National Environmental Policy Act (NEPA) to challenge a Federal Energy Regulatory Commission (FERC) order...

Sayles Hydro Ass'n v. Maughan

The court holds that the Federal Power Act (FPA) preempts state regulation of a federally licensed hydroelectric power project in a national forest in California. The court first holds that the action is ripe for review even though...