TRANSMISSION: A NEW HOPE: THE IMPLICATIONS OF THE BIDEN INFRASTRUCTURE ACT ON CORRIDOR DESIGNATION.

I. INTRODUCTION 310 II. EXPLORING AND SUMMARIZING EXISTING TRANSMISSION LAW 315 A. A Brief History of Pre-EPAct 2005 Transmission Policy 315 B. The Effect of EPAct 2005 317 C. FPA [...]
The Energy Policy Act of 2005 amended Section 216 of the Federal Power Act and permitted federal agencies to designate an area of land as a National Interest Electric Transmission Corridor (NIETC). Designating an NIETC was meant to give federal agencies the authority to preempt state siting law and issue construction permits to build new transmission lines. The new transmission lines could then create high value connections that might otherwise be blocked by third parties, e.g. transmission lines running from State A to State C through State B. The corridor program received swift political backlash and was ail-but eliminated by two important federal circuit court decisions. To this day, no federal agency has successfully designated an NIETC using Section 216. In the recent past, extreme weather events have demonstrated how the ongoing climate crisis is wreaking havoc throughout the United States. The Biden Administration has responded to these climate issues, in part, by passing legislation to prioritize the protection and construction of new electrical transmission. The so-called Infrastructure Investment and Jobs Act explicitly amended Section 216 and indicates Congress's willingness to revitalize the NIETC program. This Note explores how the Biden Administration's new legislation could finally empower federal agencies to designate and site new transmission corridors under Section 216. It also explores challenges with and new alternatives to the siting process, including internal agency reformation through rulemaking and standardized state takings laws.