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Energy

Protecting Species or Hindering Energy Development? How the Endangered Species Act Impacts Energy Projects on Western Public Lands

Since it was enacted in 1973, the ESA has been one of the most celebrated environmental laws, but also one of the most reviled. Industry groups argue that the consultation process frequently delays and sometimes halts much needed energy...

Diné Citizens Against Ruining Our Environment v. Jewell

The Tenth Circuit upheld a lower court decision denying environmental group's request to preliminarily enjoin the drilling of certain oil and gas wells in the Mancos Shale formation of the San Juan Basin in New Mexico. The groups filed...

Public Citizen v. Federal Energy Regulatory Commission

The D.C. Circuit dismissed Connecticut's and a citizen group's lawsuit against FERC in which they alleged that the agency failed to ensure that the 2014 wholesale electricity capacity rates in New England were just and reasonable. Due...

Throwing Shade: The Case Against Judicial Interference With Solar Net Metering Policies

Electric utilities are increasingly invoking the takings clause, general notions of fairness, and fears of a “death spiral” in their attempts to erode the efficacy of net metering policies. This Article considers each of these arguments...

Robinson Township v. Commonwealth

The Pennsylvania Supreme Court struck down as unconstitutional portions of a 2012 law governing oil and gas operations in the Marcellus Shale. This is the second time the law, known as Act 13, has been reviewed by the court: in 2013,...

Los Padres ForestWatch v. United States Bureau of Land Management

A district court held that BLM failed to take a "hard look" at the environmental impact of hydraulic fracturing with regard to the agency's resource management plan (RMP) for public lands in California's central region. Under the...

Petro Star Inc. v. Federal Energy Regulatory Comm'n

The D.C. Circuit granted a refining company's petition challenging FERC's methodology for determining payments to oil companies that use the Trans Alaska Pipeline System to transport oil in a commingled stream. Absent monetary...

Zero Zone, Inc. v. United States Department of Energy

The Seventh Circuit denied petitions for review challenging two DOE rules aimed at improving the energy efficiency of commercial refrigeration equipment. The first rule adopted new energy efficiency standards for commercial...

Union Neighbors v. Jewell

The D.C. Circuit held that FWS violated NEPA when it issued an incidental take permit for the Indiana bat, an endangered species, in connection with a wind farm project in Ohio. Because the farm may pose a danger to the bat, the...

Non-Transmission Alternatives

Current transmission planning processes are unlikely to result in selection and implementation of non-transmission solutions, even where they are demonstrably superior. This shortcoming is obviously bad for proponents of distributed...