Event Description
A plated lunch is included with the
registration fee. Pre-registration is required.
Deadline to Register: Tuesday, March 22, 2016
Please join us as our speakers
tackle the complex and evolving topics of federal preemption of energy resources
used to serve electricity needs in the State of Minnesota, and how last-generation regulatory concepts may limit
state authority over next generation communications technology.
Program:
Federal Preemption of Energy Resource
Selection
State renewable
portfolio standards and other laws enacted to promote renewable resources or
limit carbon-emitted resources, have long been used as a means to craft
individual state energy policy. However, recent cases have cast the
spotlight on whether states can enact laws to restrict certain resources used to
serve the electricity needs within their state.
- Harvey Reiter, Partner,
Stinson Leonard Street, Washington DC office, will offer a brief primer on the Dormant
Commerce Clause and how it applies in analyzing the constitutionality of state
renewable portfolio standards. State laws may violate the Dormant Commerce
Clause if they discriminate against out-of-state or foreign commerce, if they
regulate commerce extraterritorially, or even if neutral in intent or effect,
if they place an excessive burden on interstate commerce. The “buy local”
preference found in approximately three-fourths of state renewable portfolio
laws may not only be unconstitutional, but may actually serve as an impediment
to state efforts to promote renewable resources. Mr. Reiter addresses
these limitations, the discretion left to state and local governments to
promote local industries, and how the dormant Commerce Clause can be seen as a
consumer safeguard in achieving renewables goals, rather than an
impediment.
- Thomas
C. Boyd, Shareholder, Winthrop & Weinstine,
Minneapolis, will discuss the recent case of
North Dakota v. Heydinger. This case reviews the application of
Minnesota’s Next Generation Energy Act, which mandated that no person could
construct a new “large energy facility” in Minnesota that would contribute to
statewide power sector carbon dioxide emissions, and that no person could import
or agree to import power from a new large energy facility outside the state that
would contribute to statewide power sector carbon dioxide emissions. The statute
also provided that no person could enter into a “new long-term power purchase
agreement that would increase statewide power sector carbon dioxide emissions”
without offsetting those emissions to the satisfaction of the Minnesota Public
Utilities Commission. The U.S. District Court for the District of
Minnesota struck down the prohibition, finding that it violated the Dormant
Commerce Clause by regulating electricity generators and utilities outside the
state. The case is now on appeal to the U.S. Court of Appeals for the
Eighth Circuit.
Federal Preemption in the
Regulation of Voice Over Internet Protocol (“VOIP”) Service
For many years, state public utilities
commissions and the Federal Communications Commission have shared responsibility
for regulation of telecommunications. However, technological advances that
have made possible the high speed transmission of data over the Internet have
also blurred the lines that have been traditionally used to determine whether a
call is subject to state or federal regulation. State public utilities
commissions, the FCC, and the courts have all been grappling with these issues
arising from the intersection of law, public policy, and technology in an
attempt to apply last generation regulatory concepts to next generation
communications.
Schedule:
A plated lunch will be served in the Atrium at Noon. The
CLE program starts at 1:00 p.m. in Classroom MSL 446.
Parking:
The Public Utilities
Section will validate parking at the Harmon Place
ramp (on 11th and Harmon)
. The parking ramp is #5 on the map and the law
school is #4.
CLE
Credit:
3.25 Standard CLE credits approved| Event Code: 216320
Cost:
Public Utilities Law Section: $55.00
MSBA Member but not a member of
the Public Utilities Section: $55.00
Non-MSBA Members:
$55.00
Law Students: Free (Limited to 15 law
students)
Join the Public Utilities Section: MSBA
members who are not members of the section can click here to add
the section to your membership.
Remote Participation:
Remote attendance is not available.
Registration
Instructions:
Click the register button at the bottom of this
page. Law students will need a profile to use online registration.
If you have not yet created one with the MSBA, click the Register button and
then click the Sign Up button on the Log In page. (Note that you will not be
joining the MSBA, only creating a profile to register.
To register with a check, please mail in this
registration form.
Need to cancel? Please see our cancellation
policy.
Want more information about the Public
Utilities Section?
Questions? Contact Sue Bores | 612-278-6325