Newspaper article from our research archive:

Case Digests

U.S. Court of Appeals for the Second Circuit

Public Utilities

Federal Preemption

Wheelabrator Lisbon Inc. v.

Department of Public Utility Control

06-3632-cv

Appealed from the District

of Connecticut

Background: The plaintiff filed for injunctive relief from a state agency decision requiring the transfer of renewable energy credits to a utility company. The principal dispute concerns the ownership of the renewable energy attributes of the energy conveyed in an electricity purchase agreement. Wheelabrator argues that a 2004 decision of the DPUC modified the terms of the agreement and imposed utility-type regulation in conflict with Section 210(e) of the Public Utility Regulatory Policies ...

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