The following is a contributed article by Jessica Bell, Clean Energy Attorney in the State Energy & Environmental Impact Center at NYU School of Law.

While I certainly agree with Michael Hogan’s affirmation of states’ rights to address environmental externalities through energy policy in his recent Utility Dive opinion piece, “States’ rights, states’ wrongs,” his argument omits the important discussion of wrongs by Regional Transmission Operators (RTOs) and Independent System Operators (ISOs).

Specifically, several RTOs have undertaken a misplaced and unevenly applied mission to scrub the impacts of state policies from markets. States’ rights to determine resource mix are now on a dangerous collision course with organized wholesale markets. And it is not the states that need to correct