September 01, 2016

Justice Scalia: The energy regulation cases

Jeffery S. Dennis

Justice Scalia’s lasting impact on federal and state regulation of the electric and natural gas industries may ultimately result from just a few cases that were decided in the last decade of his tenure on the U.S. Supreme Court. He authored the majority opinion in just one of those cases—Morgan Stanley Capital Group v. Public Utility District No. 1 of Snohomish County, 128 S. Ct. 2733 (2008)—but penned important dissents in the other two, FERC v. Electric Power Supply Association, 136 S. Ct. 780(2016) (EPSA) and Oneok Inc. v. Learjet, Inc., 135 S. Ct. 1591 (2015) (Oneok).

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