Deep Dive Episode 73 – Balancing Federal and State Authority in Energy Policy

In statutes such as the Federal Power Act and Clean Water Act, Congress divided responsibility for oversight of energy generation and transmission projects between federal agencies and the States. In recent years, several States have more aggressively used their perceived statutory and regulatory authority in furtherance of climate change goals, prompting litigation from affected parties and regulatory pushback from the Trump Administration. Our experts discuss the most recent legal and regulatory skirmishes over the balancing of federal and state jurisdiction over energy policy, including: Judicial rejection of extended consideration of Section 401 certification requests; EPA proposed Clean Water Act regulations; State subsidies for power generation plants and renewable power mandates; and, State-issued rights of first refusal to incumbent utilities to build transmission lines.