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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Constitutional Law: Dormant Commerce Clause-Undue Burden-Right of First Refusal Provision

Constitutional Law: Dormant Commerce Clause-Undue Burden-Right of First Refusal Provision

Where 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 ...

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