Court Rulings

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On May 20, 2011, Judge Ernest Goldsmith of the Superior Court of California issued a judgment that orders the California Air Resources Board (“CARB”) to stop implementing a cap-and-trade program until the board analyzes alternatives to the cap-and-trade program as part of the agency’s scoping plan.

On April 26, 2011, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) rejected a challenge by George C. Jepsen, Attorney General for the State of Connecticut and the Connecticut Office of Consumer Counsel (together, the “petitioners”) to ISO New England’s (“ISO- NE”) 2010 Budget.

On March 18, 2011, California Superior Court Judge Ernest Goldsmith issued a final statement of decision against the California Air Resources Board (“CARB”) that halted further implementation of greenhouse gas (“GHG”) regulations under Global Warming Solutions Act of 2006 (“AB 32”), until another “scoping plan” is completed.

On February 11, 2011, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) vacated FERC orders that approved the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO’s”) Schedule 2-A (“Schedule 2-A”) of the region’s Open Access Transmission and Energy Markets Tariff (“tariff”) for being unduly discriminatory.

On February 1, 2011, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) decided that the Department of Energy (“DOE”) failed to consult with affected states when conducting their congestion study as part of section 216 of the Federal Power Act (“FPA”), and the designations of the Mid-Atlantic Area National Corridor (“Mid-Atlantic Corridor”) and the Southwest Area National Corridor (“Southwest Corridor”) were arbitrary and capricious.