A district court granted New York City's motion to dismiss a challenge to its statute prohibiting the use of fossil fuels in newly constructed residential buildings. Trade groups and a union argued the statute was preempted by the Energy Policy Conservation Act (EPCA) because it concerned "the ...

The Seventh Circuit vacated a preliminary injunction that had barred enforcement of an Indiana statute giving incumbent electric companies rights of first refusal (ROFRs) to build and operate new interstate transmission facilities that connect to facilities they own. Companies seeking to b...

The D.C. Circuit partially granted petitions for rehearing in a challenge to FERC's reauthorization of two liquefied natural gas terminals and an associated pipeline in Texas. In a prior opinion, the court held FERC erred by failing to issue supplemental EISs addressing its updated environmental jus...

A district court granted the Biden Administration's motion to dismiss a challenge to the president's 2023 designation of Baaj Nwaavjo I’tah Kukveni—Ancestral Footprints of the Grand Canyon National Monument. The Arizona state legislature, a cattle rancher, and other plaintiffs argued Proclamatio...

The D.C. Circuit denied a petition to review FERC's authorization of an owner's request to surrender its license for a hydroelectric project on the Salmon Falls River between New Hampshire and Maine. A conservation group initially requested rehearing of the authorization, arguing the two dams from t...

The First Circuit affirmed summary judgment for the U.S. government in a lawsuit concerning a plan to construct a large-scale commercial offshore wind energy facility off of Martha's Vineyard. Several entities associated with the commercial fishing industry challenged the approval process, asserting...

In a divided opinion, a D.C. Circuit panel vacated FAA's and the National Park Service's plan governing tourist flights over four national parks in California, and also ruled that CEQ lacked the authority to issue regulations binding on other federal agencies. An environmental group sought to set as...

A district court on remand permanently enjoined the Public Utility Commission of Texas from enforcing a 2019 state law that limited the ability to build, own, or operate new transmission lines to owners of existing transmission facilities in Texas, in areas of the state not covered by the main grid ...

A district court granted an Indian tribe's motion for a temporary restraining order (TRO) against BLM's decision to approve the third phase of a lithium drilling project in northwestern Arizona. The tribe argued BLM violated the National Historic Preservation Act (NHPA) when it found no historical p...

The D.C. Circuit, 2-1, denied petitions to review FERC's orders requiring a generator to upgrade its circuit breaker in order for another power source to safely connect to the regional transmission grid and requiring the new source to compensate the generator for direct costs of the upgrade. The gen...