States with ROFR Losing in Court
Texas 5th Circuit Court of Appeals finds ROFR Unconstitutional
In December, 2023 the U.S. Supreme Court denied the state of Texas appeal of the 5th Circuit’s ruling against Texas’ transmission ROFR law.
What the 5th Circuit Said About ROFR
“Transmission lines that are part of an interstate grid are much closer to the heartland of interstate commerce than the wine stores, dairies, or waste processing facilities that have faced dormant Commerce Clause scrutiny.”
Iowa Supreme Court Strikes Down ROFR Law
The Iowa Supreme Court blocked implementation of a Hawkeye state ROFR law, sending it back to a district court, which ruled the state had improperly included ROFR legislation in broader legislation in violation of the Iowa constitution.
What the Iowa Supreme Court Said About ROFR
“We are not surprised the ROFR lacked enough votes to pass without logrolling. The provision is quintessentially crony capitalism. This rent-seeking protectionist legislation is anti-competitive…Ultimately, the ROFR will impose higher costs on Iowans.”