Conflicts of State and Federal Jurisdiction in the Regulation of Natural Gas and Electricity
10 Mercer Law Review 226 1958-1959
38 Pages Posted: 15 Aug 2012 Last revised: 30 Oct 2013
Date Written: 1958
Abstract
A most obvious problem inherent in a federal constitution is the continuing conflict of powers and of spheres of authority of the respective state and federal agencies. The object of the present paper is to consider the principles, if any, currently used to resolve these difficulties in the regulation of the natural gas and electric utilities. This paper is not a treatise on the jurisdiction of the Federal Power Commission. It is rather an examination of the appellate decisions in this field to see whether any general trends or tendencies are indicated, and to discover any criteria used by, or factors operating upon, the courts, whether consciously or not, in determining whether to extend or restrict federal jurisdiction. Some constructive criticism will also be attempted of any criteria or tests thought to be unsatisfactory.
Keywords: regulation, natural gas, electricity, state, federal, jurisdiction, conflict, power, authority
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