In the 1981 case Federal Energy Regulatory Commission et al. v. Mississippi et al., the U.S Supreme Court ruled in favor of the Federal Energy Regulatory Commission (FERC). The issue at hand was whether certain provisions of the Public Utility Regulatory Policies Act of 1978 infringed upon state sovereignty, violating both statutory and constitutional law. These provisions required states to consider implementing federal standards for electric utilities, including energy conservation measures and pricing structures that would promote greater efficiency. The State of Mississippi argued that this constituted a violation of their rights under the Tenth Amendment by forcing them to administer a federal regulatory program. However, in a 7-2 decision, it was held that these requirements did not commandeer state resources or compel them to enforce federal regulations but merely obliged consideration which does not infringe on states' sovereign powers.

The dissenting opinion in the case of Federal Energy Regulatory Commission et al. v. Mississippi et al., 1981, argued that the Supreme Court majority had overstepped its bounds by upholding a federal law requiring states to consider certain national energy policies in their own regulatory proceedings. The dissenters believed this was an unconstitutional intrusion into state sovereignty and autonomy, as it forced them to administer a federal regulatory program against their will. They contended that while Congress has broad powers under the Commerce Clause, these do not include compelling states to enforce federal regulations or standards; such actions violate principles of cooperative federalism and blur lines between state and national responsibilities. Furthermore, they expressed concerns about potential implications for other areas where state regulation is prevalent if this precedent were allowed to stand.