From our private database of 28,700+ case briefs...
Coalition for Competitive Electricity v. Zibelman
United States Court of Appeals for the Second Circuit
No. 17-2654 (Sept. 27, 2018)
The Federal Power Act (FPA) granted dual authority to both the Federal Energy Regulatory Commission (FERC) and states to regulate electricity. Under the FPA, FERC had jurisdiction over all sales of electricity at wholesale, and states had jurisdiction over any other sale of electricity. States also had jurisdiction over electricity generation. In 2016, the New York Public Service Commission (NY commission) (defendant) issued an order regarding clean-energy standards aimed at reducing greenhouse-gas emissions. The order created the zero-emissions-credit program. The purpose of this program was to prevent the retirement of nuclear power plants until increased implementation of renewable energy sources could replace them. The program created a subsidy for power generators, like nuclear-power plants, that did not emit carbon dioxide. Such generators earned one zero-emissions credit for each megawatt-hour of electricity that they produced. The price was based on the social cost of carbon (i.e., damage attributed to carbon emissions). Utilities were required to purchase zero-emissions credits based on the total electricity load served by each utility. The Coalition for Competitive Electricity (the coalition) (plaintiff) challenged the zero-emissions-credit program as preempted by the FPA. The coalition argued that the program unconstitutionally infringed on FERC’s authority to regulate wholesale electricity markets and its objective to promote market efficiency. The district court held that the zero-emissions-credit program was not preempted by FERC’s authority under the FPA. The coalition appealed.
Rule of Law
Holding and Reasoning (Jacobs, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 546,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.