United States Fourth Circuit

In an action challenging a Maryland program to subsidize the participation of a new power plant in the federal wholesale energy market, judgment for plaintiffs, energy firms that compete with this new plant in interstate commerce, is affirmed, where the district court correctly concluded that the Maryland scheme is preempted under the Federal Power Act's authorizing provisions, which grant exclusive authority over interstate rates to the Federal Energy Regulatory Commission.

Appellate Information

• Decided 06/02/2014
• Published 06/02/2014

Judges

• WILKINSON

Court

• United States Fourth Circuit

Counsel