On June 28, 2011, two business women with the assistance of the Competitive Enterprise Institute (“CEI”) and Americans for Prosperity filed a lawsuit against the state of New York for participation in the Regional Greenhouse Gas Initiative (“RGGI”) program because the interstate compact was never approved by the state legislature.  

On June 20, 2011, the Supreme Court spoke for the second time on climate change. Observing that the Supreme Court “endorses no particular view of the complicated issues related to carbon-dioxide emissions and climate change,” a unanimous Court, in a decision written by Justice Ruth Ginsburg, held that Congress, through the U.S. Environmental Protection Agency (“EPA”) – and not a group of states and cities using federal common law – should decide national policy on climate change.

On June 16, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) allowed three utilities to terminate their mandatory purchase obligations that would have required new contracts with qualifying cogeneration and small power production facilities (“QF”) with over 20 MW of net capacity under the Public Utility Regulatory Policies Act of 1978 (“PURPA”).

On June 13, 2011, the United States Department of Energy (“DOE”) Secretary, Steven Chu, took part in a White House Grid Modernization event titled “Building the 21st Century.”  At the event, Chu announced that more than five million smart meters have been installed across the U.S. as part of efforts to increase modernization of the electric grid.  Secretary Chu stated that “to compete in the global economy, we need a modern electricity grid.”

On June 16, 2011, Representative Anthony Weiner (D-NY) announced his decision to resign his seat from the U.S. House of Representatives.  This announcement comes after weeks of scandal and calls for his resignation, including from President Barack Obama.  Weiner’s resignation opens up one of 23 Democratic seats on the House