February 23, 2025

Commerce Clause

Consumers Energy
6th Circuit Rules Against Michigan Local Clearing Requirement
A federal appeals court has brought Michigan’s practice of requiring some amount of locally generated electricity to a standstill, finding fault with local clearing requirements.
District Court Dismisses Texas ROFR Repeal
A district court dismissed a lawsuit seeking to overturn a Texas law giving incumbent utilities the right of first refusal over transmission projects.
NextEra Takes Texas to Court over ROFR Law
NextEra Energy filed a federal lawsuit challenging a recent Texas law giving incumbent utilities a ROFR to build transmission projects in the state.
Courts Misread Hughes on Nuke Subsidies, Supreme Court Told
Merchant generators’ Hail Mary pass for a U.S. Supreme Court review of Illinois and New York nuclear subsidies has won support from PJM’s Independent Market Monitor and others.

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