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LSP Transmission Holdings, LLC v. Sieben

The Eighth Circuit upheld the dismissal of a constitutional challenge to Minnesota's right of first refusal (ROFR) law. An electric transmission company argued the law, which granted incumbent transmission owners a ROFR to construct,...

Renewable Energy: Corporate Obstacles and Opportunities

In the absence of a national mandate to intensify use of renewable energy, many corporations are increasing their own reliance on renewables. Numerous utilities are likewise transitioning toward wind, thermal, and solar power. But...

NextEra Energy Capital Holdings, Inc. v. Walker

A district court held that a Texas right-of-first-refusal law giving existing electricity transmission providers in the state a preference to build and operate new lines is constitutional. An energy company argued the Texas law barred...

Renewable Fuels Ass'n v. United States Environmental Protection Agency

The Tenth Circuit vacated EPA orders that granted extensions of exemptions under the CAA's renewable fuels program for three small refineries. Industry groups challenged the orders, arguing that EPA failed to honor the statutory...

Briggs v. Southwestern Energy Production Co.

The Pennsylvania Supreme Court vacated a lower court ruling that found an energy developer trespassed on neighboring landowners' property by extracting natural gas from their property by way of hydraulic fracturing without permission....

Bad Policy, Disastrous Consequences: Coal-Fired Power in Puerto Rico

In September 2019, in an article entitled “The Market Has Spoken: Coal Is Dying,” Matt Egan of CNN Business wrote, "President Donald Trump has gutted regulations on the coal industry, falsely claimed that windmills cause cancer and...

Sources to Sinks: Expanding a National CO2 Pipeline Network

Enhanced oil recovery has generated an immense and growing market for carbon dioxide (CO2), which has uses in manufacturing, medical, and industrial settings. In the next 30 years, these combined end-uses will necessitate a three- to...

Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA

Federal dams have been the focus of major disputes involving application of the Endangered Species Act (ESA), especially its §7 prohibitions on federal actions causing jeopardy to protected species. Operating agencies and project...

State Authority to Regulate Mobile Source Greenhouse Gas Emissions, Part 1: History and Current Challenge

The National Highway Transportation Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA) have proposed a new reading of the Energy Policy and Conservation Act of 1975 (EPCA) that governs federal fuel economy...

Natural Resources Defense Council, Inc. v. Perry

The Ninth Circuit affirmed a district court order directing DOE to publish four energy conservation standards in the Federal Register. Environmental groups and states argued that an agency regulation known as the error-...

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