Golden Gate University Law Review


John Perkins


This Comment provides a brief survey of the current rules that delineate federal and state jurisdiction over electrical energy in the United States. Part II also discusses three important exceptions to these jurisdictional rules. This Comment then examines the FIT in the scheme of federal versus state jurisdiction. Part III discusses the value of the FIT and then analyzes the development of current jurisdictional rules that make state-law FITs untenable in the current legal landscape. Finally, Part IV proposes a solution in the form of a jurisdictional carve-out modeled on the Rural Electrification Act, an initiative that the federal government launched to promote energy development.