Kansas University law professor Stephen McAllister appeared before the U.S. Supreme Court Monday, arguing on behalf of more than 20 states, including Kansas, in a case involving alleged price fixing of natural gas and authority between state and federal governments, KU spokesman Mike Krings said.

Stephen McAllister

Currently, the federal government controls the wholesale part of the natural gas market, while states can regulate commercial sales.

The states represented by McAllister are arguing that their consumer protection laws prevent federal laws on the transportation and sale of natural gas from setting prices artificially high, or “price fixing,” Krings said.

The position of defendant ONEOK Inc. and the federal government is that state laws are pre-empted by the federal Natural Gas Act. They say the pre-emption extends to the retail market, Krings said.

McAllister represented the plaintiffs, which include Kansas-based Learjet Inc. and Topeka Unified School District 501, who accused the defendants of illegally driving up the price of natural gas, Krings said.

This was the seventh appearance McAllister has made before the highest court in the nation, Krings said. In October, McAllister argued before the court on behalf of the state in a case over water rights between Kansas and Nebraska. A ruling on that case is expected soon, Krings said.

McAllister said he was excited to work on the case not only to serve Kansas and to appear before the U.S. Supreme Court, but also to use his experience in his classes at KU.

“It’s a thrill for me both personally and professionally,” McAllister said in the news release. “I think it speaks well for Kansas and the voice of Kansas when cases such as this show up at the Supreme Court. Plus, it always gives me something I can bring back to the students and my scholarship.”

McAllister teaches and researches federal and state constitutional law, civil rights and tort law, Krings said.