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Entergy Nuclear Vermont Yankee, LLC v. Shumlin
The Second Circuit held that it lacks jurisdiction to review an electric company's suit challenging the constitutionality of Vermont's Electrical Energy Generating Tax. The company owns a nuclear power plant that is the sole entity taxed under the scheme, which imposes a charge on electricity produc...
Tri-Realty Co. v. Ursinus College
A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the CWA, OPA, RCRA, and state law. Based on the language and legisla...
Southwest Power Pool, Inc. v. Federal Energy Regulatory Committee
The D.C. Circuit vacated a FERC decision allowing a power company to use a regional transmission organization's (RTO's) transmission lines in order to join another RTO network. The two RTOs involved in this case had entered a joint operating agreement that allowed both RTOs to use the other's transm...
Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc.
The Eleventh Circuit upheld the dismissal of environmental groups' citizen suit against a coal mine for new source performance standard (NSPS) violations under the CWA. A citizen suit that alleges that a discharger violated its permit is subject to the general rule of notice and a 60-day waiting per...