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Energy (generally)

Governing the Grid: Decarbonization, Energy Security, and Climate Adaptation for the 21st Century

Visible impacts of climate change, like the unprecedented winter storm in Texas, underscore the need to integrate climate adaptation as a principal factor in energy security. With appropriate weatherization and increased battery storage...

Minnesota Power’s Petition for Approval of the EnergyForward Resource Package

A state appellate court upheld the Minnesota Public Utilities Commission's (MPUC's) approval of affiliated-interest agreements for construction and operation of a natural gas-fired power plant in Wisconsin. Environmental groups argued...

Public Citizen, Inc. v. Federal Energy Regulatory Commission

The D.C. Circuit granted in part and denied in part a challenge to FERC's orders addressing complaints over the results of a 2015 auction for electrical capacity in Illinois. A public interest group had complained the auction had...

Zombie Energy Laws

This Article traces the development of three legal rules—cost recovery for vertically integrated utilities, the requirement that regulators assess the financial viability of energy projects before issuing a certificate of public...

Climate Stumbling Blocks: Zombie Energy Laws, States, and the Path to Paris

With the dawn of the Joseph Biden Administration, there is renewed optimism that the United States will take steps to fulfill its responsibilities under the Paris Agreement and curb greenhouse gas (GHG) emissions. Electrification is a...

You Can't Take Them Like That, It's Against Regulation

This Comment is written from the perspective of a practicing attorney who represents clients on the issues addressed in Prof. Joshua C. Macey’s Zombie Energy Laws, and focuses on the filed rate doctrine, which is one of...

National Parks Conservation Ass'n v. Federal Energy Regulatory Commission

The Ninth Circuit upheld FERC's denial of an environmental group's motion to intervene in post-licensing deadline extension proceedings for a hydroelectric project in California. The group had argued that FERC violated Rule 214 of the...

California Restaurant Ass'n v. Berkeley, City of

A district court granted in part and denied in part the city of Berkeley's motion to dismiss a challenge to its recently enacted ordinance affecting the availability of natural gas in new construction within the city. A restaurant group...

Vote Solar v. Farmington, City of

The Tenth Circuit reversed dismissal of a lawsuit concerning a New Mexico city's imposition of fees on residents who generate their own electricity via solar panels. The residents and an advocacy group argued the city's fees amounted to...

HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Ass'n

The U.S. Supreme Court held, 6-3, that a small refinery that previously received a hardship exemption from renewable fuel requirements may obtain an "extension" even if it saw a lapse in exemption coverage in a previous year. A group of...

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