A group of energy companies recently went away empty-handed in their quest to have the U.S. Supreme Court throw out the Ninth Circuit ruling upholding state jurisdiction over retail natural gas sales.
In a 7-2 ruling in ONEOK v. Learjet, the Supreme Court held that state antitrust claims against natural gas suppliers, including Dynegy, American Electric Power Company and ONEOK, are not preempted by the Natural Gas Act. The Supreme Court upheld a Ninth Circuit decision that took a narrow view of the jurisdiction of the Federal Energy Regulatory Commission under the NGA and affirmed state jurisdiction over retail natural gas sales.
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