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Baptiste v. Bethlehem Landfill Co.
The Third Circuit reinstated a lawsuit concerning noxious odors emanating from a landfill in Pennsylvania. A proposed class of residents living within a 2.5-mile radius of the landfill brought public and private nuisance claims, arguing the odors and other air contaminants interfered with the use an...
National Ass'n of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission
The D.C. Circuit denied petitions to review FERC's order prohibiting states from barring electric storage resources (ESRs) on their distribution and retail systems from participating in federal markets. Utility groups argued that FERC exceeded its jurisdiction under the Federal Power Act by barring ...