The Second Circuit upheld a "depredation permit" FWS issued to the Port Authority of New York and New Jersey authorizing the emergency "take" of migratory birds that threaten to interfere with aircraft at the John F. Kennedy International Airport. FWS issued the permit under 50 C.F.R. §21.41, which...

The U.S. Supreme Court upheld FERC's "demand-response" rule under which operators of wholesale electricity markets, in specified circumstances, must pay the same price to providers for conserving energy as to generators for producing it. During peak periods, electricity rates increase dramatically, ...