A district court denied BLM's motion to transfer a lawsuit over BLM's hydraulic fracturing rule from California to Wyoming. The agency argued that moving the lawsuit to Wyoming would avoid potentially conflicting legal precedents between the California and Wyoming district courts and that the Distri...
The D.C. Circuit dismissed electricity customers' petitions to review FERC's orders approving high clearing prices for future capacity to generate electricity in wholesale auctions. The customers argued that FERC's determination violated the Federal Power Act and was unsupported by substantial evide...
The Fourth Circuit granted an oil refinery's petition to review EPA's decision denying the refinery an exemption from biofuel requirements under the Agency's renewable fuel standard program, and vacated the Agency's decision. The refinery argued that the Agency's reliance on DOE's analysis of the ex...
Missouri's highest court reversed an order by the Missouri Public Service Commission denying a transmission company's application for a line certificate of convenience and necessity (CCN). The company argued that the Commission erred in denying its application for a line CCN by erroneously applying ...
A Michigan appellate court reversed an order by the Michigan Public Service Commission requiring alternative energy suppliers in the Lower Peninsula to secure in-state generating capacity to ensure reliable electric service. An industry group argued that the Commission exceeded its authority under t...
The Second Circuit vacated a rule published by the National Highway Traffic Safety Administration indefinitely delaying a previously published rule that increased civil penalties for noncompliance with Corporate Average Fuel Economy standards. Environmental groups argued that the agency violated pro...
The D.C. Circuit upheld the dismissal of a lawsuit brought by an environmental group challenging FERC's funding structure. The group argued that the agency's funding structure created structural bias by incentivizing the agency to approve pipelines in order to seek larger appropriations from Congres...
The D.C. Circuit denied a newspaper reporter's motion for partial summary judgment to require EPA to publish calendar entries of the EPA Administrator's activities. The reporter argued that the Agency violated FOIA's reading-room provision by failing to make the Administrator's detailed calendar ava...
The Third Circuit vacated a lower court's dismissal of a company's claim that the Delaware River Basin Commission did not have authority to review the company's proposed fracking activities. The company argued that the Commission lacked authority under the Delaware River Basin Compact to review and ...
The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license. The appellate court agreed, finding that the EA and biological ...