The U.S. Supreme Court held that the Federal Power Act (FPA) preempts a Maryland program intended to encourage in-state power generation. Maryland selected, through a proposal process, a power…

The Third Circuit struck down New Jersey's Long Term Capacity Pilot Program Act, which was enacted in 2011 to encourage the construction of new power plants within the state. The program,…

The D.C. Circuit reversed and remanded a Federal Energy Regulatory Commission (FERC) order allowing states to regulate the reimbursement of "headwater benefits" from downstream…

The court holds that a Native American council and an environmental group lack standing under the Federal Power Act (FPA) and the National Environmental Policy Act (NEPA) to challenge a Federal…

The court holds that the Federal Power Act (FPA) preempts state regulation of a federally licensed hydroelectric power project in a national forest in California. The court first holds that the…