Apache Stronghold v. United States
The Ninth Circuit affirmed, 2-1, a district court's denial of a Native American group's motion to preliminarily enjoin a land exchange and prevent copper mining on land in Arizona. The group argued the land exchange violated the Religious Freedom Restoration Act (RFRA), the Free Exercise Clause, 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...