On May 2, 2012, United States Federal Court of Claims issued a ruling in Case Nos. 07-157C and 07-167, holding that the Bonneville Power Administration (“BPA”) and the Western Area Power Administration (“WAPA”) are in breach of a present contractual duty to pay refunds that they owe to the California parties.
Court Rulings
DC Circuit Sides with Mobil’s Pegasus Pipeline in Market-Based Rate Proceeding
By Troutman Pepper Locke on
Posted in Uncategorized
On April 17, 2012, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found unreasonable FERC’s decision to deny Mobil Pipeline Company’s (“Mobil”) application to charge market-based rates on its crude oil pipeline, Pegasus.
Supreme Court Authorizes CWA Pre-Enforcement Review
By Troutman Pepper Locke on
Posted in Uncategorized
In a unanimous decision, the United States Supreme Court on Wednesday, March 21, 2012 ruled that landowners whose property had been determined to be wetlands can sue the Environmental Protection Agency (“EPA”) prior to a formal enforcement action.
U.S. District Court for D.C. Rejects EPA Stay of Boiler MACT Rule
By Troutman Pepper Locke on
Posted in Uncategorized
On January 9, 2012, the federal district court for the District of Columbia found that the Environmental Protection Agency (“EPA”) was arbitrary and capricious in staying the boiler Maximum Achievable Control Technology (“MACT”) rule.
International Trade Commission finds U.S. Solar Firms “Injured” By Imports of Particular Products from China
By Troutman Pepper Locke on
Posted in Uncategorized
On December 2, 2011, the U.S. International Trade Commission (“ITC”) voted 6-0 that there was a reasonable indication that the U.S. solar panel and cells industry has been injured or is threatened with injury by imports of crystalline silicon photovoltaic cells and modules from China.
DC Circuit Vacates FAA Determination that Cape Wind Project Poses No Harm
By Troutman Pepper Locke on
Posted in Uncategorized
On October 28, 2011, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit) vacated and remanded the Federal Aviation Administration’s (“FAA”) “No Hazard” determinations for the Cape Wind Associates’ proposed wind farm off of the Nantucket Sound (“Cape Wind project”). The DC Circuit ruling is another major setback to the Cape Wind project that had its loan program put on hold earlier this year by the Department of Energy (see May 23, 2011 edition of the WER).
5th Circuit Finds FERC Order Nos. 720 and 720-A Exceed Scope of Commission’s Authority
By Troutman Pepper Locke on
Posted in Uncategorized
On October 24, 2011, the United States Court of Appeals for the Fifth Circuit (“5th Circuit” or the “court”) issued a decision granting the Texas Pipeline Association and the Railroad Commission’s (“Petitioners”) petition for review and vacating FERC’s Order Nos. 720 and 720-A. In its order, the 5th Circuit held that Order Nos. 720 and 720-A exceeded the scope of FERC’ authority under the Natural Gas Act (“NGA”) of 1938.
9th Circuit Denies Petitions for Review of Order No. 697 and 697-A on Market-Based Rate Authority
By Troutman Pepper Locke on
Posted in Uncategorized
On October 13, 2011, the United States Court of Appeals for the Ninth Circuit (“9th Circuit” or “Court”) issued a decision (Montana Consumer Counsel v. FERC) denying petitions for review of the FERC Order No. 697 and Order No. 697-A, codifying market-based rate policy.
D.C. Circuit Rejects Yucca Mountain Appeal, NRC Must Decide Project’s Future
By Troutman Pepper Locke on
Posted in Uncategorized
On July 1, 2011, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) rejected an appeal brought forth by the attorneys general of Washington and South Carolina alleging that the United States Department of Energy (“DOE”) violated the Nuclear Waste Policy Act (“NWPA”). The attorneys general claimed that the DOE violated the NWPA by seeking to withdraw their license application to build and operate the Yucca Mountain nuclear disposal site in Nevada, under the direction of President Obama, thus effectively killing the nuclear disposal project.
U.S. Supreme Court Reverses AEP v. Connecticut: EPA, Not Judges and Juries, Will Decide Climate Change Policy
By Troutman Pepper Locke on
Posted in Uncategorized
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.