West Virginia Sues Pennsylvania Over Energy Credit Sales Law, Citing Commerce Clause Violation
West Virginia has filed a lawsuit against Pennsylvania’s Public Utility Commission (PUC), alleging that Pennsylvania’s energy credit sales law violates the Commerce Clause of the U.S. Constitution. The complaint, filed in the U.S. District Court for the Middle District of Pennsylvania, claims that the Pennsylvania PUC has implemented regulations that effectively block out-of-state electricity generators from selling most types of energy credits into Pennsylvania. According to West Virginia, this action creates an unfair market by preventing interstate competition. Pennsylvania’s law mandates that in-state electric distribution companies and generation suppliers meet alternative energy standards, which they can achieve by acquiring a certain percentage of these energy credits. West Virginia argues that by restricting the sale of these credits primarily to in-state generators, Pennsylvania is unlawfully protecting its own market at the expense of other states. 
