The Supreme Court’s Decision in Federal Energy Regulatory Commission v. Electric Power Supply Association

On January 25, 2016, the Supreme Court handed down its decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, upholding Order No. 745 of the FERC. This case primarily involves a question of statutory interpretation. However, the Court’s decision also has important policy implications. It represents a significant victory for businesses and consumers who purchase electricity as well as a victory for the environment, by reducing the necessity to generate electricity from expensive and polluting coal-fired electrical generating plants. Justice Kagan joined by five other justices authored the opinion for the majority. Justice Scalia, joined by Justice Thomas, dissented. Justice Alito did not participate.