Commerce Clause

Not-So-Dormant Commerce Clause Transmitting Trouble for Minnesota Agencies?

Not-So-Dormant Commerce Clause Transmitting Trouble for Minnesota Agencies?

In essence, the Minnesota statute offers a right of first refusal to incumbent electric transmission owners to construct and maintain federally approved transmission lines. LSP Transmission Holdings has sued, alleging that this statute is anti-competitive and a violation of the Commerce Clause. A few other states have similar laws in place, so the decision made on this case will likely set an important precedent.