NORTHEAST MAY EXTEND CLIMATE CAP TO COVER ELECTRICITY IMPORTS

Northeast states are considering expanding a regional cap on carbon dioxide (CO2) emissions to cover companies that import electricity from states not subject to the mandate, in order to curb emissions "leakage" that could result if the climate change program displaces power generation into other areas of the country. But the states may face challenges in crafting the program, including legal questions that it could violate the Commerce Clause of the Constitution by regulating electricity in other states. At the...