Publication

“Power Up in the Air (Part I): EPA CSAPR and MATS Regulations”

“A Tale of Two Cases: Changing Views of Federal and State Jurisdiction Over Electricity”

Welcome to Issue 3 of Stroock's POSITIVE ENERGY, which features two articles on topics that are of great interest to the power industry.

The first – "Power Up in the Air (Part I): EPA CSAPR and MATS Regulations" by E. Gail Suchman – focuses on two EPA regulations, one affirmed this past April by the United States Supreme Court and the other by the D.C. Circuit.

The second – "A Tale of Two Cases: Changing Views of Federal and State Jurisdiction Over Electricity" by Jon R. Mostel – examines the implications of the May 23, 2014 decision by the U. S. Court of Appeals for the District of Columbia Circuit in Electric Power Supply Association v. FERC (EPSA). This decision revisited the separate spheres of state and federal jurisdiction over electricity, and adopted a narrow statutory interpretation of federal authority that fails to take into account the broad view of the wholesale electricity market as a single enterprise cutting across state boundaries.

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