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Constitutional Law: Dormant Commerce Clause-Undue Burden-Right of First Refusal Provision
Staff Report//April 6, 2020//
Constitutional Law: Dormant Commerce Clause-Undue Burden-Right of First Refusal Provision
Staff Report//April 6, 2020//
Listen to this articleWhere a transmission company challenged a state’s right of first refusal provision as a violation of the dormant commerce clause, the law was not facially discriminatory and had neither a discriminatory purpose nor effect, and the burden imposed by law was not clearly excessive in relation to the state’s legitimate interest in regulating its electric industry and maintaining the status quo, so the dismissal of the undue burden claim is affirmed.
Judgment is affirmed.
LSP Transmission Holdings LLC v. Sieben (MLW No. 74747/Case No. 18-2559 – 19 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, District of Minnesota, Frank, J. (Erin Murphy, Washington, D.C., argued for appellant) (Jason Marisam, St. Paul, Minnesota, and Aaron Daniel Van Oort, Minneapolis, argued for appellees).
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