Contract Clause

AVANGRID: Maine Supreme Court Rules State-Issued Lease for NECEC Transmission Project Valid

Retrieved on: 
Tuesday, November 29, 2022
Oil, Gas, Alternative Energy, Energy, Other Energy, Utilities, Environment, Ethisphere Institute, United Kingdom, ESG, United States v. Maine, Maine Supreme Judicial Court, Climate change, Wetland, Iberdrola, Contract Clause, Ambiguity, Workforce, Senior, NYSE, Avangrid, Carbon, JUST, Court, AGR, Law Courts (Vancouver), Alumil Aluminium Industry S.A., Renewable energy

In a long-anticipated decision, the Maine Supreme Judicial Court today ruled that the State of Maine acted within its constitutional authority in granting a lease to NECEC developers for the New England Clean Energy Connect (NECEC) transmission line project.

Key Points: 
  • In a long-anticipated decision, the Maine Supreme Judicial Court today ruled that the State of Maine acted within its constitutional authority in granting a lease to NECEC developers for the New England Clean Energy Connect (NECEC) transmission line project.
  • The serious need for the NECEC project to reduce our reliance on fossil fuels, combat climate change, and lower regional energy prices remains unchanged.
  • We are pleased with todays ruling and look forward to determining our next steps for this critical project.
  • The court issued its decision in a 50-page ruling, which can be found here .

NCLA Calls on Supreme Court to Reinvigorate Contracts Clause and Stop State Interference with Leases

Retrieved on: 
Wednesday, December 29, 2021
Association, The Administrative State, COVID-19, Supreme, Risk, Movement, Contract, Emergency, NCLA, Court, City, Ninth, United States Court of Appeals for the Ninth Circuit, GLOBE, Contract Clause, Constitution, National Apartment Association, Code, Constitutional Convention (United States), Supreme court, Law of the United Kingdom, Supreme Court of the United Kingdom, Ridesharing company, Lease, Public relations

The Supreme Court has historically struck down contractual interference unless the state law has certain limiting characteristicswhich were absent hereto protect the parties vested interests.

Key Points: 
  • The Supreme Court has historically struck down contractual interference unless the state law has certain limiting characteristicswhich were absent hereto protect the parties vested interests.
  • During the pandemic, very few courts have applied the Contracts Clause as if it imposes any restraint on state or local laws.
  • In fact, many courts treat the Contracts Clause as a dead letter, leaving the enforceability of contracts to the vagaries of state law.
  • Unless and until the Supreme Court steps in to clarify its precedent, the Contracts Clause wont provide any constitutional protection against state interference with residential leases and other contracts in most of the country.

Avangrid and NECEC Take Action to Protect Historic Clean Energy Project

Retrieved on: 
Wednesday, November 3, 2021
Energy, Other Energy, Environment, Contract, Avangrid, Environmental protection, Contract Clause, Question 1, Maine Supreme Judicial Court, California superior courts, Maine Superior Court, Calpine, Tears, Maine Public Utilities Commission, Secretary of State of Maine, Goal, Nextera, Constitution of Maine, Engineer, Forbes, U.S. Department of Agriculture Cotton Annex, NYSE, AGR, List of people from Maine, Government, Time, TXU Energy, Corps, Ethisphere Institute, Electricity, Environment, CEO, Maine Department of Transportation, Superior court, MDEP, Superior, U.S. Department of Energy, Office of Inspector General, U.S. Army Corps of Engineers, Europe District, Tax, Renewable energy

We thank our supporters and the 160,000 Mainers who voted in support of the NECEC project, said Thorn Dickinson, President and CEO of NECEC Transmission LLC.

Key Points: 
  • We thank our supporters and the 160,000 Mainers who voted in support of the NECEC project, said Thorn Dickinson, President and CEO of NECEC Transmission LLC.
  • Question 1 proposes to retroactively change Maine law to block the New England Clean Energy Connect (NECEC) transmission project, New Englands largest clean energy project that would bring hydropower from Quebec to the New England region.
  • This referendum was an act of bad faith by self-interested proponents and was targeted at stopping a single project.
  • About AVANGRID: AVANGRID, Inc. (NYSE: AGR) aspires to be the leading sustainable energy company in the United States.

NCLA Files Third Circuit Appeal to Stop Gov. Murphy’s Rental Security Deposits Executive Order

Retrieved on: 
Thursday, June 17, 2021
Articles, Economy, Landlord–tenant law, Real property law, Renting, Law, Governor of New Jersey, Contract Clause, Lease, Security deposit

Washington, D.C., June 16, 2021 (GLOBE NEWSWIRE) -- New Jersey Governor Phil Murphy chose economic winners and losers with Executive Order No.

Key Points: 
  • Washington, D.C., June 16, 2021 (GLOBE NEWSWIRE) -- New Jersey Governor Phil Murphy chose economic winners and losers with Executive Order No.
  • 128 (EO 128), an unconstitutional mandate that forces residential housing providers to credit tenants security deposits toward rent payments.
  • NCLA urges the Third Circuit to restore the rule of law for all New Jerseyans by ruling that EO 128 violates the Contracts Clause of the U.S. Constitution.
  • By waiving nonwaivable provisions of the Rent Security Deposit Act, a law governing security deposits for residential leases in New Jersey, the Governor violated the Contracts Clause of the U.S. Constitution.

NCLA to Appeal NJ District Judge’s Refusal to Apply Contracts Clause to Protect Housing Providers

Retrieved on: 
Wednesday, March 24, 2021
Contract law, Contract Clause, Contract

Therefore, in issuing EO 128, Governor Murphy both unconstitutionally impaired the obligation of contracts and denied the housing providers due process of law.

Key Points: 
  • Therefore, in issuing EO 128, Governor Murphy both unconstitutionally impaired the obligation of contracts and denied the housing providers due process of law.
  • NCLA released the following statement:
    Todays decision effectively ruled that the Contracts Clause no longer protects residential housing providers.
  • But allowing the state to pick political winners and rewrite contracts is exactly what the Contracts Clause forbids.
  • NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State.