When Do State Transmission Siting Laws Violate the Constitution?

Research output: Contribution to journalArticle

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 languageEnglish (US)
Pages (from-to)6-18
Number of pages13
JournalElectricity Journal
Volume28
Issue number7
DOIs
StatePublished - Aug 1 2015

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