Western Values Project v. U.S. Department of Justice
The D.C. Circuit granted in part and denied in part an environmental group's motion for summary judgment challenging DOJ's "Glomar response" refusing to confirm or deny the existence of the records requested. The group argued that the agency was not permitted to give this response to the group's FOI...
California v. Bureau of Land Management
A district court denied BLM's motion to transfer a lawsuit over BLM's hydraulic fracturing rule from California to Wyoming. The agency argued that moving the lawsuit to Wyoming would avoid potentially conflicting legal precedents between the California and Wyoming district courts and that the Distri...
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. National Highway Traffic Safety Administration
The Second Circuit vacated a rule published by the National Highway Traffic Safety Administration indefinitely delaying a previously published rule that increased civil penalties for noncompliance with Corporate Average Fuel Economy standards. Environmental groups argued that the agency violated pro...