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Full-Text Articles in Law
Ferc V. Epsa And The Path To A Cleaner Electricity Sector, Joel B. Eisen
Ferc V. Epsa And The Path To A Cleaner Electricity Sector, Joel B. Eisen
Law Faculty Publications
This article analyzes the impact of FERC v. Electric Power Supply Association, in which the Supreme Court upheld FERC’s demand response rule (Order 745) and confirmed FERC’s authority over “practices” “directly affecting” wholesale rates for electricity. It contends that the Supreme Court made a definitive pronouncement on FERC’s authority over end users of electricity who also provide resources back to the electric grid. It also contends that FERC v. EPSA marks the end of “dual federalism” in electricity law that treated federal and state jurisdiction as separate and distinct spheres of authority. Instead, it posits a new era of concurrent …
Ferc’S Expansive Authority To Transform The Electric Grid, Joel B. Eisen
Ferc’S Expansive Authority To Transform The Electric Grid, Joel B. Eisen
Law Faculty Publications
Using an unprecedented historical analysis of over 100 years of law dating to the Progressive Era, this Article concludes that the Supreme Court’s landmark decision in Federal Energy Regulatory Commission (“FERC”) v. Electric Power Supply Association properly asserted that FERC has ample authority to pursue broad environmental and energy goals in transforming the electric grid. Building on the Court’s finding that FERC may regulate “practices” that “directly affect” rates in wholesale electricity markets, the analysis develops a detailed standard that is consistent with interpretation of regulatory statutes in each of three distinct eras: the Progressive Era, the era of regulation …
Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank
Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank
University of Richmond Law Review
The U.S. Supreme Court by an equally divided vote offour to four affirmed the Second Circuit's decision finding standing and jurisdiction in the case in American Electric Power Co. v. Connecticut. While not binding as precedent beyond the Second Circuit,the case offers clues to how the Court is likely to rule in future standing cases. This article discusses the likely identities of the four Justices on each side of the standing issue in the case, as well as how Justice Sotomayor might have voted if she had not recused herself. Furthermore, the article examines how the decision expand- ed on …