The Supreme Court on Tuesday ruled that Maryland overstepped its authority when it implemented a program to subsidize construction of natural-gas-fired power plants.
The court unanimously ruled that by requiring companies building such subsidized plants to set rates for certain electricity sales, Maryland improperly interfered in markets that are the sole responsibility of the Federal Energy Regulatory Commission (FERC).
We agree with the Fourth Circuits judgment that Marylands program sets an interstate wholesale rate, contravening the FPAs division of authority between state and federal regulators, Justice Ruth Bader Ginsburg wrote for the court.By adjusting an interstate wholesale rate, Marylands program invades FERCs regulatory turf.
The ruling could put a similar program at risk in New Jersey. New Jerseys program was also overturned by the lower courts, but Ginsburg sought to specify that the Tuesday ruling is only for Maryland.
Nothing in this opinion should be read to foreclose Maryland and other states from encouraging production of new or clean generation through measures untethered to a generators wholesale market participation, she wrote.
Its the second win this year for FERC defending the jurisdiction of its authority. In January, the Supreme Court upheld a regulation regarding programs that reduce electricity demand during certain times.
The Natural Resources Defense Council (NRDC), which closely watched the case because it wants states to be able to shape their electricity mixes, said the narrow ruling is good.
The Supreme Courts decision is good news for clean energy because it rejected Marylands program on extremely narrow grounds, Allison Clements, director of NRDCs Sustainable FERC Project, said in a statement. The decision leaves states free to encourage clean energy through a wide variety of means, including by requiring long-term power purchase agreements.
The Supreme Court on Tuesday ruled that Maryland overstepped its authority when it implemented a program to subsidize construction of natural-gas-fired power plants.
"Supreme Court Rules Against State Power Plant Subsidies ...
"The Supreme Court on Tuesday ruled that Maryland overstepped its authority when it implemented a program to subsidize construction of natural-gas-fired power plants."
Supreme Court rules against state power plant subsidies
In a unanimous ruling, the U.S. Supreme Court upheld a lower court decision that a program Maryland initiated in 2012 to subsidize power plant construction
U.S. top court rules against Maryland over power plant ...
The U.S. Supreme Court on Tuesday ruled against Maryland in in a case weighing state against Maryland over power plant subsidies.
Supreme Court rules against state power plant subsidies ...
Via Hill in Washington DC: The court unanimously found that Maryland overstepped its authority.
U.S. top court rules against Maryland over power plant ...
The U.S. Supreme Court on Tuesday ruled against U.S. top court rules against Maryland over power plant power generation through subsidies and
U.S. top court rules against Maryland over power plant ...
The U.S. Supreme Court on Tuesday ruled against against Maryland over power plant subsidies. state versus federal authority. The court,
Supreme Court rules against state power plant subsidies
Major Energy and Environmental News and Commentary affecting the Nuclear Industry.
UPDATE 1-U.S. top court rules against Maryland over power ...
April 19- The U.S. Supreme Court on Tuesday ruled against Maryland a case weighing state against Maryland over power plant subsidies.
State Power-Plant Subsidies Struck Down by U.S. Supreme ...
construction of new power plants, Plant Subsidies Struck Down by U.S. Supreme against the state and CPV, the high court said Maryland