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Millennium Bulk Terminals-Longview, LLC v. State

A state review board affirmed the Washington Department of Ecology's denial of a CWA §401 certification requested by a coal company for a proposed coal export terminal. The company argued that its request was categorically exempt from the State Environmental Policy Act (SEPA), and that the departme...

South Carolina Coastal Conservation League v. Pruitt

A district court ruled in favor of environmental groups' challenge EPA's rule suspending the 2015 Waters of the United States Rule (WOTUS Rule), and enjoined the suspension rule nationwide. The groups argued that the suspension rule violated the APA by refusing to solicit public comments on the meri...

Kansas City Power & Light Co. v. Missouri Public Service Commission

A Missouri appellate court affirmed in part and reversed in part the Missouri Public Service Commission's order suspending an electric utility company's request for a general rate increase.The company argued that the Commission erroneously refused to include electric vehicle charging stations constr...

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...