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Entergy Nuclear Vermont Yankee, LLC v. Shumlin
The Second Circuit held that it lacks jurisdiction to review an electric company's suit challenging the constitutionality of Vermont's Electrical Energy Generating Tax. The company owns a nuclear power plant that is the sole entity taxed under the scheme, which imposes a charge on electricity produc...
National Parks Conservation Ass'n v. Environmental Protection Agency
The D.C. Circuit dismissed Arizona's objection to a consent decree that established a timeline for EPA to approve a SIP, or promulgate a federal implementation plan (FIP), that would meet the requirements of the Regional Haze Rule. A lower court held that it lacked jurisdiction to hear the objection...
Southwest Power Pool, Inc. v. Federal Energy Regulatory Committee
The D.C. Circuit vacated a FERC decision allowing a power company to use a regional transmission organization's (RTO's) transmission lines in order to join another RTO network. The two RTOs involved in this case had entered a joint operating agreement that allowed both RTOs to use the other's transm...