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FERC Authority Preempts Maryland Subsidy Program: Supreme Court

April 20, 2016

David Doot was quoted in an article, "FERC Authority Preempts Maryland Subsidy Program: Supreme Court," in Bloomberg BNA. Doot was quoted in connection with The Supreme Court's decision to uphold a lower court's ruling that a Maryland Public Service Commission subsidy program to encourage more electricity generation interfered with the Federal Energy Regulatory Commission's wholesale energy market authority. The Hughes v. Talen Energy decision marks the second time this year that the Supreme Court has given deference to FERC authority in the wholesale energy markets. "What the court went out of their way to do here is to say, 'We're telling you that Maryland went too far here, and we'll explain to you why,' " Doot told Bloomberg BNA April 19. " 'We're not telling you that other forms of state involvement, in their efforts to achieve policy objectives, will violate the Federal Power Act.' "


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