U.S. Supreme Court
Mar. 6, 2015
High court should block backdoor regulation of natural gas industry
It's undisputed federal law preempts state law claims directed at conduct affecting wholesale rates, but now the court is considering what happens when the same conduct affects retail rates as well. By Cory L. Andrews
Earlier this year, the U.S. Supreme Court heard oral argument in ONEOK v. Learjet, a case that will determine the scope of the Federal Energy Regulatory Commission's (FERC) field preemption under the Natural Gas Act (NGA). The case arises from various state suits brought by commercial and industrial end users of natural gas against defendant natural gas companies, alleging the defendants violated state antitrust law by inflating inde...
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