In this post, 3L Melanie Ramsey discusses the Federal Energy Regulatory Commission’s (FERC) new rule regarding energy storage.
EQT Corporation is planning to build the Mountain Valley Pipeline (MVP), in a first-time joint venture with four other gas companies, which will cut through the Blue Ridge Mountains in West Virginia and Virginia. The controversy surrounding the project, slated to break ground in February 2018, is in full swing.At the heart of the controversy, however, is a private company using the federal power of eminent domain to take away private landowners’ property for a pipeline that many argue is not even needed.
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.