The Ninth Circuit vacated and remanded DOE's energy transmission congestion study and national interest electric transmission (NIET) corridor designations prepared under the Energy Policy Act of 2005 (EPAct). The EPAct added §216 to the Federal Power Act, requiring DOE to prepare the conges...

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate the ESA when they dug up and removed Sebastopol meadowfoam—an endangered plant species—from privately ...