Preemption Argument Runs Out Of Steam As Ninth Circuit Revives Natural Gas Case
Posted 04/25/13
The U.S. Court of Appeals for the Ninth Circuit has revived plaintiffs’ state antitrust claims in In re: Western States Wholesale Natural Gas Litigation, finding that federal regulation of the interstate natural gas market does not preempt state antitrust law claims that energy companies manipulated intrastate transactions.
The Ninth Circuit ruled that Congress intended its amendments to the Natural Gas Act to...