Who Should Regulate the Siting of Electric Transmission Lines Anyway? A Jurisdictional Study

The case law addressing the Natural Gas Actʹs preemption of state and local law regulating the siting of interstate gas pipelines provides important lessons for those seeking to transfer regulatory authority over the siting of interstate electric transmission lines to the federal government. The legislative options range from providing for state and federal concurrent jurisdiction over interstate lines, interstitial regulation by the federal and state governments, involvement and limited participation of state and local governments in a federal proceeding, or the complete preemption of state and local law.