Exelon Wind 1, L.L.C. v. Donna Nelson, et a

I concur in the majority’s carefully reasoned jurisdictional analysis. But I have serious reservations about the majority’s arguments on the merits, and I must therefore respectfully dissent. The effect of the majority’s opinion is to undermine an important federal program that promotes renewable energy. The majority rejects the considered view of the federal *401agency that authored the regulation in question and that enforces the program, based on nothing more than the state regulatory authority’s say-so. In doing so, the majority contravenes established principles of interpretation and…