States as states: an era of cooperative federalism under FERC v. Mississippi
This note considers the impact of FERC (Federal Energy Regulatory Commission) v. Mississippi on the extent to which federal legislation may, within the tenth amendment limitations, compel state agencies to further federal goals. It discusses the controversial portions of the Public Utility Regulatory Policies Act (PURPA) in light of the Court's decisions dealing with the tenth amendment limitation on the commerce powers, then analyzes these provisions and the court's implications of cooperative federalism in the lawsuit. The Note concludes that the decision stands for the proposition that validly enacted commerce clause legislation will not be invalidated under the tenth amendment; that important federal goals will be given preferential treatment over state goals within a field so long as the states are offered a choice to enact legislation consistent with federal goals or withdraw from the field. 75 references.
- OSTI ID:
- 6883187
- Journal Information:
- J. Energy Law Policy; (United States), Journal Name: J. Energy Law Policy; (United States) Vol. 4:1; ISSN JELPE
- Country of Publication:
- United States
- Language:
- English
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