Energy | a special report

What's Next After the Aspire Commodities Ruling?

Fifth Circuit agrees that private parties' right to sue over alleged power market manipulation is cut off.

, The National Law Journal


A recent decision by the U.S. Court of Appeals for the Fifth Circuit, Aspire Commodities v. GDF Suez Energy North America, marks a very important development in our energy markets. The decision will undoubtedly factor into the CFTC's consideration of the Southwest Power Pool exemption request. If, however, the CFTC ultimately changes course from the relief it ­granted to the other markets, it will affect all market participants by potentially opening the door to private suits.

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