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Energy

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...

Union of Concerned Scientists v. United States Department of Energy

The D.C. Circuit dismissed a nonprofit group's petition to review DOE's rule concerning the designation of critical electric infrastructure information. The group argued the rule exceeded DOE's authority under §215A of the Federal Power...

Public Service Electric and Gas Co. v. Federal Energy Regulatory Commission

The D.C. Circuit denied petitions to review three FERC orders concerning cost sharing for certain upgrades to the Mid-Atlantic electricity transmission grid. Petitioners argued the Commission departed from precedent without adequate...

Governing the Gasoline Spigot: Gas Stations and the Transition Away From Gasoline

Gas stations are America’s largest carbon spigot, a leading source of neighborhood-based pollution, and a sacred cow. This Article takes a comprehensive look at gas stations through the lens of the climate crisis and the rise of...

Avandgrid Networks, Inc. v. Secretary of State

The Maine Supreme Court held unconstitutional a state ballot initiative that proposed to reverse a Maine Public Utilities Commission order granting a certificate of public convenience and necessity for a 145-mile transmission line in...

Markets, Externalities, and the Federal Power Act: The Federal Energy Regulatory Commission's Authority to Price Carbon Dioxide Emissions

Electricity generation in the United States is one of the leading sources of greenhouse gas emissions, which cause severe climate change-related harms. Despite the severity of those harms, the Federal Energy Regulatory Commission (FERC...

Too Much Risk, Too Little Reward

The Federal Energy Regulatory Commission (FERC) is a little-known and too-often ignored federal authority with the power to block or rapidly accelerate the transition to a clean energy future, and is thus indispensable to addressing...

Energy Exactions

New residential and commercial developments often create costs in the form of congestion and burdens on municipal infrastructure. Citizens typically pay for infrastructure expansion associated with growth through their property taxes,...

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