News & Analysis as of

Energy Sector Federal Energy Regulatory Commission Appeals

Bradley Arant Boult Cummings LLP

NGA Explicitly Strips Jurisdiction, So Decision in Bohon v. FERC Reinstated

On February 13, 2024, the United States Court of Appeals for the District of Columbia Circuit once again rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decision to award a Certificate of Public...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reups Support for LNG Export Terminals Immediately Prior to Losing Jurisdiction

On October 27, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued orders on two liquefied natural gas (LNG) export terminal projects sponsored by Rio Grande LNG, LLC (Rio Grande) and Texas LNG...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2023

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more

Troutman Pepper

U.S. Court of Appeals for the 9th Circuit Affirms Lower Court’s Dismissal of Tribe’s Case Against City of Seattle

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On December 30, 2022, the U.S. Court of Appeals for the 9th Circuit (“9th Circuit”) affirmed a lower court’s denial of the Sauk-Suiattle Indian Tribe’s (“Tribe”) motion to remand to state court and its dismissal of the...more

Flaster Greenberg PC

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

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The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court to Decide Eminent Domain Case

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more

Bracewell LLP

FERC Offers Limited Clarifications on its PURPA Reform Order

Bracewell LLP on

By a November 19, 2020 Order on Rehearing, the Federal Energy Regulatory Commission (“FERC” or “Commission”) clarified a discrete set of issues arising from its landmark July 2020 order (“Final Rule”) modifying the...more

Perkins Coie

Energy Bar Association Ignites Discussion at Virtual Fall Forum

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The Energy Bar Association held a very well-attended virtual Fall Forum last week. Perkins Coie Partner Jane Rueger, who is president of the EBA this year, opened the Fall Forum with an address that built on the event theme...more

White & Case LLP

Opting In (or Out): FERC’s Approach to Integrating Electric Storage and Distributed Energy Resources

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In a breakthrough final rule, the Federal Energy Regulatory Commission carves out space in wholesale markets for the aggregation of distributed energy resources. Earlier in the summer, the US Court of Appeals for the DC...more

Dechert LLP

Jurisdiction Over Rejection of Power Purchase Agreements—Confusion Continues

Dechert LLP on

Periods of volatility in energy prices cause spikes in energy companies’ bankruptcies. These bankruptcies lead to debtors’ attempts to reject power purchase agreements (“PPAs”). These attempts ignite the unresolved legal...more

Morgan Lewis

First Circuit to Consider FERC Filed Rate Doctrine Implications on Retail Energy Prices

Morgan Lewis on

Currently at issue before the US Court of Appeals for the First Circuit is whether the filed rate doctrine prevents a court from assessing the reasonableness of a utility’s rates in the retail market. Under the filed rate...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #3

Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction - "President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and...more

Bricker Graydon LLP

Second Circuit follows lead of Seventh: Nuke subsidies upheld

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On September 27, 2018, the Second Circuit Court of Appeals issued its decision in Coalition for Competitive Electricity v. Zibelman, 2nd Cir. No. 17-2654, 2018 U.S. App. LEXIS 27605 (Sep. 27, 2018). ...more

Akin Gump Strauss Hauer & Feld LLP

Seventh Circuit Rejects Federal Preemption and Dormant Commerce Clause Challenges to Illinois Nuclear ZEC Program

In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more

Stoel Rives - Renewable + Law

Seventh Circuit Upholds Illinois’ ZEC Program and Leaves the Door Open for State Subsidization of Generation

On September 13, 2018, in Electric Power Supply Association v. Star (Case No. 17-2433 and 17-2445), the Seventh Circuit upheld a district court decision finding that Illinois’ zero emissions credit (ZEC) program (i.e., its...more

Bricker Graydon LLP

7th Circuit Court of Appeals affirms Illinois subsidy for nuclear generation facilities

Bricker Graydon LLP on

On September 13, 2018, the Seventh Circuit Court of Appeals issued its long-awaited decision in the consolidated cases of Elec. Power Supply Assn. v. Anthony M. Star, 7th Cir. Nos. 17-2433, 17-2445, 2018 U.S. App. LEXIS 25980...more

WilmerHale

Environmental Deconfliction: The National Defense Authorization Act For Fiscal Year 2018 and Its Implications for Energy,...

WilmerHale on

The National Defense Authorization Act (“NDAA”) may be the most important piece of energy and environmental legislation most people have never heard of. It authorizes the appropriation of federal funds to support the U.S....more

Hogan Lovells

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

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Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

Snell & Wilmer

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

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The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

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Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Remands Two California Energy Crisis-Related Settlements for Reconsideration by FERC

On September 4, 2015, the U.S. Court of Appeals for the 9th Circuit issued an opinion remanding a series of Federal Energy Regulatory Commission (FERC) orders approving, with modifications, two settlements related to...more

Akin Gump Strauss Hauer & Feld LLP

Déjà Vu, All Over Again: Seventh Circuit Again Remands PJM’s Cost Allocation Methodology for New, High-Voltage Transmission...

On June 25, 2014, the U.S. Court of Appeals for the Seventh Circuit, with Judge Richard A. Posner writing for himself and Judge John Daniel Tinder, granted petitions for review of Federal Energy Regulatory Commission (FERC)...more

K&L Gates LLP

D.C. Circuit to FERC: Environmental Review of “Related” Pipeline Expansion Projects Must Consider Cumulative Effects, Even After...

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On June 6, 2014, the U.S. Court of Appeals for the District of Columbia issued a decision in Delaware Riverkeeper Network, et al. v. Federal Energy Regulatory Commission, that could significantly impact efforts to expand...more

King & Spalding

D.C. Circuit Court Requires FERC To Consolidate its NEPA Review of Nominally Separate Interstate Gas Pipeline Projects

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On June 6, 2014, the D.C. Circuit Court of Appeals issued an opinion holding that the Federal Energy Regulatory Commission acted improperly in separately analyzing the environmental impacts of several nominally separate...more

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