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Union of Concerned Scientists v. United States Department of Energy

ELR Citation: 51 ELR 20095
Nos. 20-1247, (D.C. Cir., 05/28/2021)

The D.C. Circuit dismissed a nonprofit group's petition to review DOE's rule concerning the designation of critical electric infrastructure information. The group argued the rule exceeded DOE's authority under §215A of the Federal Power Act, was arbitrary and capricious, and was promulgated in violation of the APA's notice-and-comment requirements. The Department moved to dismiss for lack of standing. The court found that the group failed to show harm resulting from the rule, and dismissed the petition for lack of jurisdiction.