The U.S. Supreme Court held, 6-3, that a small refinery that previously received a hardship exemption from renewable fuel requirements may obtain an "extension" even if it saw a lapse in exemption coverage in a previous year. A group of renewable fuel producers had petitioned for review of EPA's gra...

The D.C. Circuit dismissed a nonprofit group's petition to review DOE's rule concerning the designation of critical electric infrastructure information. The group argued the rule exceeded DOE's authority under §215A of the Federal Power Act, was arbitrary and capricious, and was promulgated in viol...

The D.C. Circuit denied petitions to review three FERC orders concerning cost sharing for certain upgrades to the Mid-Atlantic electricity transmission grid. Petitioners argued the Commission departed from precedent without adequate explanation, made findings that were not supported by substantial e...

The Maine Supreme Court held unconstitutional a state ballot initiative that proposed to reverse a Maine Public Utilities Commission order granting a certificate of public convenience and necessity for a 145-mile transmission line in New England. A power company argued the initiative violated the Ma...

The D.C. Circuit denied petitions to review FERC's order prohibiting states from barring electric storage resources (ESRs) on their distribution and retail systems from participating in federal markets. Utility groups argued that FERC exceeded its jurisdiction under the Federal Power Act by barring ...

The Eighth Circuit upheld FERC's decision to place a Colorado energy wholesaler into Zone 17 of a regional transmission organization authorized by the Commission to provide electric transmission services across a multistate region. A member of Zone 17 argued that FERC's decision was arbitrary and ca...

The Kansas Supreme Court held unlawful a rate design approved by the Kansas Corporation Commission under which utilities charged residential customers generating their own electricity from a renewable source (DG customers) a higher price than they charged non-DG customers. The utilities argued that ...

The Eighth Circuit upheld the dismissal of a constitutional challenge to Minnesota's right of first refusal (ROFR) law. An electric transmission company argued the law, which granted incumbent transmission owners a ROFR to construct, own, and maintain transmission lines that connect to their existin...

A district court held that a Texas right-of-first-refusal law giving existing electricity transmission providers in the state a preference to build and operate new lines is constitutional. An energy company argued the Texas law barred it from obtaining a certificate of convenience and necessity for ...