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Supreme Court standing requirements: Has Wyoming v. Oklahoma set the stage for future conflict

Journal Article · · Energy Law Journal; (United States)
OSTI ID:6406975

In Wyoming v. Oklahoma, an Oklahoma law requiring its coal-fired electric utilities to burn a minimum ten percent mixture of Oklahoma-mined coal was struck down by the United States Supreme Court. Describing the law as [open quotes]protectionist and discriminatory,[close quotes] the Court struck it down as a violation of the Commerce Clause. The majority opinion first focused on the issues of Wyoming's standing to sue and the Supreme Court's power to assert its original jurisdiction. Then the majority performed a textbook Dormant Commerce Clause analysis of the Oklahoma statute, finding it virtually per se invalid. This paper reviews the case and discusses the possible implications of Supreme Court standing requirements.

OSTI ID:
6406975
Journal Information:
Energy Law Journal; (United States), Journal Name: Energy Law Journal; (United States) Vol. 14:1; ISSN 0270-9163; ISSN ELJOEA
Country of Publication:
United States
Language:
English