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Sierra Club v. State Water Control Board
The Fourth Circuit denied environmental groups' petition to review Virginia's issuance of §401 certification under the CWA for construction of a natural gas pipeline. The groups argued that state agencies acted arbitrarily and capriciously in issuing the §401 certificate because the agencies didn'...
NextEra Energy Resources, LLC v. Federal Energy Regulatory Commission
The D.C. Circuit denied power companies' petitions to review FERC orders approving an exemption to the minimum offer price rule in the New England forward capacity market for a limited amount of qualifying renewable energy. The companies argued that the exemption for renewables created unjust, unrea...