Jim Rossi writes that since the enactment of New-Deal era energy statutes, courts have looked to dual sovereignty — a clear line between federal and state regulators — as the leading federalism paradigm. Rossi notes that three recent Supreme Court decisions have limited dual sovereignty’s role in favor of concurrent jurisdiction as the organizing federalism principle for energy transactions. Rossi contends that concurrent jurisdiction marks a “brave new path” that he defends as consistent with the language, history, and structure of energy statutes. Read more here.
