Abstract
Many state transmission line siting laws present constitutional problems under the dormant Commerce Clause, specifically statutes that bar out-of-state applicants from seeking to build multi-state energy infrastructure projects in a state or give automatic rights of first refusal to in-state applicants. Dormant Commerce Clause jurisprudence may require state regulators considering transmission line siting applications to consider benefits beyond their jurisdictional borders-particularly in instances where developers propose infrastructure projects to create regional (as opposed to state-specific) benefits in energy markets or where out-of-state developers propose to build interstate lines.
| Original language | English (US) |
|---|---|
| Pages (from-to) | 6-18 |
| Number of pages | 13 |
| Journal | Electricity Journal |
| Volume | 28 |
| Issue number | 7 |
| DOIs | |
| State | Published - Aug 1 2015 |
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Cite this
Klass, A. B., & Rossi, J. (2015). When Do State Transmission Siting Laws Violate the Constitution? Electricity Journal, 28(7), 6-18. https://doi.org/10.1016/j.tej.2015.07.003