Longleaf Energy Associates v. Friends of the Chattahoochee, the Georgia case that last year became the first legal authority in the nation for imposing carbon dioxide (CO2) limits on power plants, was overruled on Tuesday. The Georgia Court of Appeals reversed the Fulton County Superior Court decision that vacated Longleaf’s permit for a new coal-fired power plant in south Georgia. The Court of Appeals decision represents a significant victory for industry on a number of important points of law.

On Monday, House Democrats released a revised 1,200 page energy bill, clearing the way for a possible floor vote on HR 2454, The American Clean Energy and Security Act of 2009, as early as today. As of press time, the House voted to bring the bill to the floor by a vote of 217 to 205 but has just begun debate.

Congressional maneuvering during the past few weeks has dramatically altered the landscape for pending and proposed transportation legislation. Before June, legislation that would eliminate the nation’s freight railroads’ antitrust exemptions was moving swiftly through Congress as the Railroad Antitrust Enforcement Act of 2009 (introduced as S. 146 and H.R. 233).

On April 24, 2009, the Federal Energy Regulatory Commission (“Commission” or “FERC”) approved a wind transmission cost allocation proposal by the Southwest Power Pool, Inc. (“SPP”), designed to reduce barriers to integrating wind power in the region and thereby expand the availability of wind generation resources.

On June 18, 2009, FERC released a national assessment detailing demand response potential with a state-by-state analysis. The report estimates that demand response potential can reduce peak electricity demand by 4% to 20%, which translates to between 38 gigawatts (“GW”) and 188 GW, by 2019.

On Wednesday, President Obama announced his intention to nominate John R. Norris as Commissioner of the Federal Energy Regulatory Commission (“FERC” or the “Commission”). Currently, Mr. Norris is Chief of Staff for Secretary Tom Vilsack at the U.S. Department of Agriculture (“USDA”), a position he has held since January of…

On June 3, 2009, Rep. Edward Markey (D-MA), chairman of the House Subcommittee on Energy and Environment, sent a letter to FERC Chairman Jon Wellinghoff requesting “information on the level and focus of transmission investments in response to FERC’s transmission incentive policy.”

On June 4, 2009, FERC and Washington State signed a Memorandum of Understanding (“MOU”) to coordinate their review of projects that use emerging hydrokinetic technologies in Washington’s waters. Hydrokinetic facilities generate electricity from waves or directly from the flow of water in ocean currents, tides, or rivers.