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Sierra Club v. FERC

The D.C. Circuit held that carbon emissions from gas-burning power plants should have been considered in federal regulators’ review of a Florida natural gas pipeline. Environmental groups and landowners challenged a FERC decision to approve the construction and operation of three new interstate na...

Farrell-Cooper Mining Co. v. DOI

The Tenth Circuit held that a coal mining company was entitled to judicial review of a DOI decision after a lower court dismissed the suit. In 2013, the company was cited by DOI for a violation of SMCRA. In 2015, the mining company filed a notice of appeal and a petition for stay pending appeal with...

Coalition for Competitive Electricity v. Zibelman

A district court held that New York's Zero-Emission Credit (ZEC) program is not preempted by federal law. In an effort to curb the effects of global warming, New York issued a Clean Energy Standard (CES) Order that created two programs, one being ZEC. A ZEC is a “credit for the zero-emissions attr...