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Supreme Court Declines to Review Transmission Siting Ruling In January the Supreme Court declined to review a lower court ruling that the FERC cannot approve transmission infrastructure sites after they have been rejected by a state.
Public and private utilities had argued that the 2005 Energy Policy Act granted FERC backstop siting authority that gave national transmission siting interests priority over state preferences.
Those groups argued that the Supreme Court should review the contested Fourth Circuit Court of Appeals decision promptly so as to avoid “years of substantial doubt as to the rights of developers and states.”
Opponents of FERC’s backstop authority argued that states, which historically have sited transmission lines, were in a better position to make those decisions.
The Supreme Court let the 4th Circuit ruling stand without comment. |
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