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U.S. Supreme Court

Apr. 28, 2016

A new power industry landscape

Several recent cases, including a Supreme Court ruling last week, mark the beginning of a transforming regulatory landscape for the power industry. By Tara S. Kaushik

Tara S. Kaushik

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By Tara S. Kaushik

On April 19, in Hughes v. Talen Energy Marketing, 2016 DJDAR 3693, the U.S. Supreme Court unanimously held that Maryland and New Jersey overstepped the authority of states to encourage development of clean power generation. Under the Federal Power Act (FPA), the Federal Energy Regulatory Commission (FERC) has the plenary authority over interstate wholesale market pricing. The court's opinion, written by Justice Ruth Bad...

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