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Texas v. United States Environmental Protection Agency
The Fifth Circuit granted in part and denied in part states' challenges to EPA's disapprovals of SIPs developed in response to the Agency's 2015 decision calling for SIPs to achieve a new ozone NAAQS. Texas, Louisiana, and Mississippi argued EPA's disapprovals of their SIPs were arbitrary and capric...
Ass'n of Contracting Plumbers of the City of New York, Inc. v. New York, City of
A district court granted New York City's motion to dismiss a challenge to its statute prohibiting the use of fossil fuels in newly constructed residential buildings. Trade groups and a union argued the statute was preempted by the Energy Policy Conservation Act (EPCA) because it concerned "the ...
LSP Transmission Holdings II, LLC v. Huston
The Seventh Circuit vacated a preliminary injunction that had barred enforcement of an Indiana statute giving incumbent electric companies rights of first refusal (ROFRs) to build and operate new interstate transmission facilities that connect to facilities they own. Companies seeking to b...
Port Isabel v. Federal Energy Regulatory Commission
The D.C. Circuit partially granted petitions for rehearing in a challenge to FERC's reauthorization of two liquefied natural gas terminals and an associated pipeline in Texas. In a prior opinion, the court held FERC erred by failing to issue supplemental EISs addressing its updated environmental jus...