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Nebraska Public Power District v. Federal Energy Regulatory Commission
The Eighth Circuit upheld FERC's decision to place a Colorado energy wholesaler into Zone 17 of a regional transmission organization authorized by the Commission to provide electric transmission services across a multistate region. A member of Zone 17 argued that FERC's decision was arbitrary and ca...
Joint Application of Westar Energy, Inc. and Kansas Gas and Electric Co.
The Kansas Supreme Court held unlawful a rate design approved by the Kansas Corporation Commission under which utilities charged residential customers generating their own electricity from a renewable source (DG customers) a higher price than they charged non-DG customers. The utilities argued that ...
California v. Trump
A district court dismissed for lack of standing a lawsuit challenging the Executive Order that requires agencies to repeal two existing rules for each new rule promulgated. California, Minnesota, and Oregon argued that the order delayed or resulted in the undertaking of four rulemakings and that the...
LSP Transmission Holdings, LLC v. Sieben
The Eighth Circuit upheld the dismissal of a constitutional challenge to Minnesota's right of first refusal (ROFR) law. An electric transmission company argued the law, which granted incumbent transmission owners a ROFR to construct, own, and maintain transmission lines that connect to their existin...
No Road to Change: The Weaknesses of an Advocacy Strategy Based on Agency Policy Change
The Trump Administration has aggressively rolled back prior administrations’ environmental regulations and natural resource policies, and critics of this agenda have turned to the judiciary. A remarkable string of federal court decisions has faulted the Administration for failing to follow the standard for agency policy change articulated in Federal Communications Commission v. Fox Television Stations, Inc.