December 05, 2018

Preemption and the Federal Power Act: Federal Appellate Courts Uphold Zero-Emissions Credits Programs

Jehmal Terrence Hudson


Jurisdiction over the power sector is split between the federal and state governments. The Federal Energy Regulatory Commission (FERC) has exclusive jurisdiction over wholesale electricity sales in interstate commerce, while the states have jurisdiction over retail electricity sales and power generation. The Federal Power Act (FPA) preempts state regulation of wholesale electricity, but the courts are still deciding where the line between federal and state jurisdiction lies.

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