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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...
Minnesota Power’s Petition for Approval of the EnergyForward Resource Package
A state appellate court upheld the Minnesota Public Utilities Commission's (MPUC's) approval of affiliated-interest agreements for construction and operation of a natural gas-fired power plant in Wisconsin. Environmental groups argued substantial evidence did not support MPUC's determinations that t...
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 ...