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- Title
EXTRATERRITORIALITY AND THE ELECTRIC GRID: NORTH DAKOTA V. HEYDINGER, A CASE STUDY FOR STATE ENERGY REGULATION.
- Authors
Gellerson, Tessa
- Abstract
Under the extraterritoriality doctrine, a branch of the dormant Commerce Clause, state statutes that regulate behavior wholly outside of the regulating state's borders will be invalidated. In today's interconnected world, this doctrine is outdated. Many desirable state statutes have out-of-state effects, and per se application of extraterritoriality threatens to invalidate these statutes despite their net benefits. This is particularly true as applied to the electric grid, which is interconnected by nature. This Note joins the chorus of scholars and judges who have argued that extraterritoriality is outmoded and should be folded into the Pike balancing test. Under this balancing framework, statutes' local benefits would be credited, but courts would remain free to strike down statutes that excessively burdened interstate commerce. This balancing framework is loyal to the Supreme Court's early articulations of the concerns animating the extraterritoriality doctrine and would allow a path forward for innovative state solutions to climate change.
- Subjects
DORMANT commerce clause (Constitutional law); ELECTRIC power distribution grids; STATUTES; CLIMATE change; INTERSTATE commerce
- Publication
Harvard Environmental Law Review, 2017, Vol 41, Issue 2, p563
- ISSN
0147-8257
- Publication type
Article