ELR Citation: 54 ELR 20165
No(s). 1:24-cv-01722-TWP-MG (S.D. Ind. Dec 6, 2024) (Pratt, J.)

A district court granted an electric transmission developer's motion for preliminary injunction against Indiana's 2023 law that granted incumbent transmission owners a right of first refusal to build transmission projects in their service areas. The developer argued the law blocked it from bidding on several forthcoming projects, and sought to enjoin its enforcement because it violated the dormant Commerce Clause. The court found the law facially discriminated against out-of-state economic interests and could not survive strict scrutiny. It issued a preliminary injunction prohibiting enforcement of the right of first refusal.