When Do State Transmission Siting Laws Violate the Constitution?

Many state transmission line siting laws present constitutional problems under the dormant Commerce Clause, specifically statutes that bar out-of-state applicants from seeking to build multi-state energy infrastructure projects in a state or give automatic rights of first refusal to in-state applicants. Dormant Commerce Clause jurisprudence may require state regulators considering transmission line siting applications to consider benefits beyond their jurisdictional borders-particularly in instances where developers propose infrastructure projects to create regional (as opposed to state-specific) benefits in energy markets or where out-of-state developers propose to build interstate lines.