Utility Workers Union of America Local 464 & Robert Clark v. Federal Energy Regulatory Commission
The D.C. Circuit dismissed electricity customers' petitions to review FERC's orders approving high clearing prices for future capacity to generate electricity in wholesale auctions. The customers argued that FERC's determination violated the Federal Power Act and was unsupported by substantial evide...
Ergon-West Virginia, Inc. v. United States Environmental Protection Agency
The Fourth Circuit granted an oil refinery's petition to review EPA's decision denying the refinery an exemption from biofuel requirements under the Agency's renewable fuel standard program, and vacated the Agency's decision. The refinery argued that the Agency's reliance on DOE's analysis of the ex...
Grain Belt Express Clean Line, LLC v. Public Service Commission
Missouri's highest court reversed an order by the Missouri Public Service Commission denying a transmission company's application for a line certificate of convenience and necessity (CCN). The company argued that the Commission erred in denying its application for a line CCN by erroneously applying ...
Ass'n of Businesses Advocating Tariff Equity v. Michigan Public Service Commission
A Michigan appellate court reversed an order by the Michigan Public Service Commission requiring alternative energy suppliers in the Lower Peninsula to secure in-state generating capacity to ensure reliable electric service. An industry group argued that the Commission exceeded its authority under t...
Natural Resources Defense Council v. Environmental Protection Agency
The D.C. Circuit denied environmental groups' petition to review a 2016 rule that EPA uses to determine whether an event caused by recurring activity is "exceptional" and thus exempt from a state's emissions report. The groups argued that EPA misread the definition of "natural event" under the excep...
Wayne Land & Mineral Group LLC v. Delaware River Basin Commission
The Third Circuit vacated a lower court's dismissal of a company's claim that the Delaware River Basin Commission did not have authority to review the company's proposed fracking activities. The company argued that the Commission lacked authority under the Delaware River Basin Compact to review and ...
American Rivers v. Federal Energy Regulatory Commission
The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license. The appellate court agreed, finding that the EA and biological ...
Hill
The Ninth Circuit affirmed a district court's denial of a car owner's motion to intervene in DOJ's case against a German automaker to resolve alleged CAA violations. The owner argued that DOJ's settlement with the automaker violated Virginia's SIP by not requiring all affected vehicles to be bought ...