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Energy (generally)

Winding Creek Solar LLC v. Peevey

A district court held that the California Public Utilities Commission's tariff program for small renewables, known as the Renewable Market Adjusting Tariff (Re-MAT), violates the federal Public Utility Regulatory Policies Act (PURPA). A...

Demand Response Aggregators and the MISO Wholesale Markets: A Survey of State Laws

Demand response—programs designed to encourage end-users to reduce electricity use during peak periods—has played a large role in contemporary energy markets. This growing market has created a new market actor: demand response...

Energy Justice: What It Means and How to Integrate It Into State Regulation of Electricity Markets

This Comment proposes a framework for evaluating energy justice, recognizing that there is not, nor need be, a uniform definition of what energy justice means or what it seeks to achieve. The authority and process for implementing this...

Standing Rock Sioux Tribe v. Dakota Access

A district court held that the Dakota Access pipeline can continue to operate while the Army Corps of Engineers corrects deficiencies in its EA for the project. In an earlier decision, the court held that the Corps did not adequately...

United States v. Moss

The Fifth Circuit affirmed a district court ruling that Outer Continental Shelf Lands Act (OCSLA) safety regulations do not apply to contractors, subcontractors or service providers. The case concerned a fatal explosion during "hot work...

Wyoming v. DOI

The Tenth Circuit dismissed a challenge to a DOI rule governing hydraulic fracturing on federal and tribal lands, overturning a lower court ruling. In 2015, BLM finalized a fracking regulation that imposed new well construction, testing...

Americans For Clean Energy v. EPA

The D.C. Circuit held that EPA erred in how it interpreted and used the “inadequate domestic supply” waiver in the Renewable Fuel Standard law when setting low renewable fuel volumes for 2014-2016. In December 2015, EPA promulgated a...

Sierra Club v. Chesapeake Operating, LLC

A district court abstained from rendering a decision in a case concerning earthquakes allegedly caused by fracking operations in Oklahoma, choosing to instead defer to the expertise of a state commission. An environmental group brought...

Legal Challenges for “Leaving It in the Ground”: Touchstone Developments and Holdings

As renewable energy becomes more cost-effective, there are increasing calls to leave traditional fossil fuel resources “in the ground.” But our ability to do so is constrained both by current technology and by the existing legal and...

Martinez v. Colorado Oil and Gas Conservation Comm'n

The Colorado Court of Appeals ruled against the state Oil and Gas Commission's narrow interpretation of its authority to readjust the balance of state oil and gas conservation regulations between the development of oil and gas resources...