Federal Power Act (FPA)

The Third Circuit struck down New Jersey's Long Term Capacity Pilot Program Act, which was enacted in 2011 to encourage the construction of new power plants within the state. The program,…

The D.C. Circuit upheld FERC Order No. 1000, in which it adopted reforms to electric transmission planning and cost allocation. The order requires public utility transmission owners and operators…

The Seventh Circuit, for the second time, vacated a FERC order that allocates costs for certain new high-voltage network transmission lines in the Mid-Atlantic and Midwest. The order allocates the…

The D.C. Circuit vacated FERC's "demand response" order, which seeks to incentivize retail customers to reduce electricity consumption when economically efficient. The order directs…

The Seventh Circuit upheld a FERC order allowing a regional electricity transmission system to apportion costs for new power lines necessary to bring power generated from wind farms in the Great…

The Ninth Circuit denied petitions challenging FERC orders that retroactively reset the market rates that were charged in the California electricity markets during the state's energy crisis…

The First Circuit upheld a FERC order requiring a precision tool and instrument manufacturer to seek licensing under §23(b) of the Federal Power Act before it can proceed with certain changes…

The Ninth Circuit vacated and remanded DOE's energy transmission congestion study and national interest electric transmission (NIET) corridor designations prepared under the Energy Policy…

The D.C. Circuit denied a petition challenging the Federal Energy Regulatory Commission 's (FERC's) approval of the Electric Reliability Organization's (ERO's) method for…

The Fourth Circuit held that the Federal Power Act (FPA) does not grant the Federal Energy Regulatory Commission (FERC) permitting jurisdiction when a state denies approval of a permit application…