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National Wildlife Refuge Ass'n v. Rural Utilities Service

A district court denied a request by conservation groups to halt all construction on a transmission line project from Iowa to Wisconsin pending the transmission companies' appeal of a prior order enjoining construction of a section of the line across the Upper Mississippi River National Wildlife and...

Belmont Municipal Light Department v. Federal Energy Regulatory Commission

The D.C. Circuit granted in part and denied in part petitions to review FERC's order approving the Independent System Operator for New England's (ISO-NE's) tariff revisions that compensated power plants for maintaining up to three days' worth of fuel on-site to generate electricity during winter mon...

Salisbury, North Carolina v. Federal Energy Regulatory Commission

The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a nearby water pump station in North Carolina. A city petitioned for review of FERC's approval of the plan, a state-imposed condition of its water quality certification under the CWA, which involved raising the pum...

Miami, Oklahoma v. Federal Energy Regulatory Commission

The D.C. Circuit remanded FERC orders rejecting an Oklahoma city's complaint that a hydroelectric dam overseen by the Commission caused periodic flooding. The city argued that the dam operator violated Article 5 of its license, which FERC had issued under the Federal Power Act, and sought to require...

American Public Gas Ass'n v. United States Department of Energy

The D.C. Circuit remanded DOE's 2020 rule that set more stringent energy efficiency standards than those of the American Society of Heating, Refrigerating and Air-Conditioning Engineers for commercial packaged boilers. Industry groups argued, among other things, that the Department inflated the econ...

Environmental Health Trust v. Federal Communications Commission

The D.C. Circuit granted in part petitions to review the Federal Communications Commission's (FCC's) order regarding the adequacy of the Commission's guidelines for exposure to radiofrequency (RF) radiation. Environmental groups argued the FCC violated the APA by failing to acknowledge evidence of n...

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 resulted in electricity rates that were unjust and unreasonable, that ...

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 Commission's regulations in denying intervention and §6 of the F...

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 argued the ordinance was federally preempted by the Energy Poli...