FIT in the USA

Authors

Steven Ferrey, Suffolk University Law SchoolFollow
Chad Laurent
Cameron Ferrey

Document Type

Article

Publication Title

Public Utilities Fortnightly

Abstract

There's a schism between the needed expedited transition to renewable resources and the requirements of the U.S. constitutional system. The attempt by states to copy the European model of feed-in tariffs (FIT) to promote renewable power is running afoul of U.S. Constitutional requirements. With 10 states now moving forward to implement or consider FITs, they will face the long reach of the U.S. Constitution, which controls states acting in a regulatory rather than proprietary manner, and which could set back state implementation efforts. The legal gauntlet already was thrown; Recently, the first legal challenge to state regulation of carbon emissions from power plants was filed and settled in favor of the challengers. In May 2010, California's PUC and its three major investor-owned utilities took their battle over the constitutionality and legality of California's FIT to FERC adjudication.

First Page

60

Last Page

67

Publication Date

6-2010

Comments

Posted with permission from Public Utilities Fortnightly.

Recommended Citation

Steven Ferrey et al., FIT in the USA, Public Utilities Fortnightly, June 2010, 60.