In 1935, Congress passed Title II of the Federal Power Act. The law grants federal jurisdiction over transmission of electricity in interstate commerce and wholesale electricity sales. To mark the 80th birthday of the Federal Power Act, the Harvard Environmental Policy Initiative and Duke University’s Nicholas Institute convened a group of experts to discuss how well the Federal Power Act has aged, identify opportunities for continued adaptation and reform, and suggest topics that warrant further research and discussion. A summary report highlights the major areas of discussion.
The Policy Initiative continues to track recent and ongoing litigation about the limits of state authority in light of the Federal Power Act and the dormant Commerce Clause at statepowerproject.org. Sign up for updates about ongoing cases.