Allco Finance Ltd. v. Klee

The U.S. Supreme Court denied certiorari to a petitioner seeking review of the Second Circuit’s decision upholding Connecticut’s renewable energy programs. The Second Circuit rejected claims that the programs were preempted by federal law or in violation of the dormant Commerce Clause. The petition for writ of certiorari presented two questions for review, one concerning whether State directives requiring local utilities to enter into long-term electricity contracts with certain generators were field preempted by federal authority to regulate interstate wholesale sales, and the other concerning whether “a long-term interstate wholesale electricity contract that would not have been entered into but for the coercive action of the State” was conflict preempted “because it provides incentives different from the incentives provided by the [Federal Energy Regulatory Commission]-supervised energy market.”

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