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Alternative Energy

Ass'n of Businesses Advocating Tariff Equity v. Michigan Public Service Commission

A Michigan appellate court reversed an order by the Michigan Public Service Commission requiring alternative energy suppliers in the Lower Peninsula to secure in-state generating capacity to ensure reliable electric service. An industry...

Silfab Solar, Inc. v. United States

The Federal Circuit affirmed a lower court decision denying three Canadian solar manufacturers' and a U.S. importer's motion for preliminary injunction to bar the enforcement of presidentially imposed tariffs on solar products. The...

Tindall v. First Solar, Inc.

The Ninth Circuit upheld the dismissal of shareholders' derivative action against a solar panel company for failing to disclose in financial statements and press releases the existence of manufacturing and design defects. The...

Protecting Species or Hindering Energy Development? How the Endangered Species Act Impacts Energy Projects on Western Public Lands

Since it was enacted in 1973, the ESA has been one of the most celebrated environmental laws, but also one of the most reviled. Industry groups argue that the consultation process frequently delays and sometimes halts much needed energy...

Throwing Shade: The Case Against Judicial Interference With Solar Net Metering Policies

Electric utilities are increasingly invoking the takings clause, general notions of fairness, and fears of a “death spiral” in their attempts to erode the efficacy of net metering policies. This Article considers each of these arguments...

Union Neighbors v. Jewell

The D.C. Circuit held that FWS violated NEPA when it issued an incidental take permit for the Indiana bat, an endangered species, in connection with a wind farm project in Ohio. Because the farm may pose a danger to the bat, the...

Public Employees for Environmental Responsibility v. Town of Barnstable, Mass.

The D.C. Circuit reversed and remanded a lower court decision that the Bureau of Ocean Energy Management (BOEM) complied with NEPA and that FWS complied with the ESA in connection with a wind energy project on Nantucket Sound....

Protect Our Communities Foundation v. Jewell

The Ninth Circuit upheld BLM's decision to grant a right-of-way allowing a wind energy project to be built and operated on federal lands in southeast San Diego County. Community groups argued that BLM violated NEPA, the Migratory Bird...

Oregon Natural Desert Ass’n v. Jewell

The Ninth Circuit held that BLM’s approval of a wind-energy development project in southeastern Oregon failed to adequately address impacts to the greater sage grouse in violation of NEPA. The challenged project entails the construction...

Desert Protective Council v. U.S. Department of the Interior

The Ninth Circuit affirmed a lower court decision that BLM complied with NEPA and FLPMA in allowing the construction of a utility-scale...