The Fifth Circuit upheld a Texas Public Utilities Commission (PUC) rule that effectively prohibits a wind energy company from forming "legally enforceable obligations" when selling power to public utilities. The Public Utilities Regulatory Policies Act of 1978 (PURPA) seeks to promote the purchase o...
The D.C. Circuit upheld FERC Order No. 1000, in which it adopted reforms to electric transmission planning and cost allocation. The order requires public utility transmission owners and operators to participate in regional transmission planning to prevent undue discrimination and preference in trans...
The D.C. Circuit denied residents' petitions for review challenging FERC's approval of a new natural gas compressor station in their town. Although the project is now finished and functional, the petitions are not moot because the residents assert that the compressor's operation continues to harm th...
A Colorado court held that the state's Oil and Gas Conservation Act preempts a city's five-year moratorium on hydraulic fracturing. The city is a "home-rule" city, meaning it has “the full right of self-government” on local and municipal matters. Nevertheless, a local ordinance that infringes on...
The Ninth Circuit held that it lacked jurisdiction to review a U.S. Coast Guard letter to FERC concerning the suitability of the Columbia River for vessel traffic associated with a proposed liquefied natural gas (LNG) facility and pipeline. The letter of recommendation stated that although the river...
An Illinois appellate court upheld a state plan requiring state utilities to purchase power from a coal-fueled, near-zero emissions electric power plant. State utilities challenged the plan, arguing that the Illinois Power Agency has no power to propose, and the Illinois Commerce Commission has no p...