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Federal Preemption of States’ “Zero Emissions Credit” Programs

Joel B. Eisen proposes a “conscious disregard” test for resolving litigation involving the conflict between federal authority over the electric grid and state laws providing “zero emissions credit” subsidies to power providers. Eisen argues that this test is the only way to harmonize recent Supreme Court precedent and still allow for state-level experimentation in the wholesale electricity market. Read more here.