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The Supreme Court’S New Electricity Federalism, Joel B. Eisen
The Supreme Court’S New Electricity Federalism, Joel B. Eisen
Law Faculty Publications
This Insights piece is excerpted from the article, Dual Electricity Federalism Is Dead: But How Dead And What Replaces It?, in the George Washington Journal of Energy and Environmental Law.
In a remarkable burst of activity, the U.S. Supreme Court decided three cases in the past year involving the split of jurisdiction between the Federal Energy Regulatory Commission (FERC) and the states in the energy sector. FERC v. Electric Power Supply Association and Hughes v. Talen Energy Marketing dealt with the relationship between FERC and the states in governing the electric grid under the Federal Power Act (FPA). ONEOK …