28 results for 'cat:"Administrative Law" AND cat:"Energy"'.
[Consolidated.] J. Walker refuses to grant petitions for review filed by environmental groups that challenge the Federal Energy Regulator Commission's certification of an expansion of pipelines and facilities for the Evangeline Pass Expansion Project in the Southeastern U.S. The agency reasonably explained its decision, and the certification was reasonable.
Court: DC Circuit, Judge: Walker, Filed On: April 30, 2024, Case #: 22-1101 , Categories: administrative Law, energy, Environment
J. Smith finds the bankruptcy court improperly denied the Electric Reliability Council's motion to abstain. The energy company filed for bankruptcy after receiving a bill for nearly $300 million resulting from the council's production-incentivizing price manipulation in response to the 2021 winter storm in Texas. The council sought payment and the energy company initiated an adversarial proceeding challenging its proof of claim. The council moved to dismiss, alternatively requesting the bankruptcy court abstain. Though the circuit finds the council is not an arm of the state, and not entitled to immunity, the U.S. Supreme Court requires abstention under guiding case law. Texas’s interest in utility regulation and litigation, and its protection of the electricity-related public interest, is the more significant concern. Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: April 29, 2024, Case #: 22-20603, Categories: administrative Law, Bankruptcy, energy
J. Shea holds that the district court properly found that statutory savings and retroactivity clauses did not apply to an electric utility's 2015 and 2016 applications for Community Renewable Energy Project waivers. It also properly found that the public service commission erred in granting the utility a waiver of its Project obligation for 2015. However, further proceedings are needed to determine whether the commission properly waived its Project obligation for 2016 and whether the utility must pay a penalty. Vacated in part.
Court: Montana Supreme Court, Judge: Shea, Filed On: March 19, 2024, Case #: DA 22-0436, Categories: administrative Law, energy
J. Steigmann finds that the Board properly entered a final order for a set of state-wide standards regulating the storage and disposal of coal ash in surface impoundments, rejecting several energy companies' objections. The Board did not act arbitrarily by adopting a requirement for monthly groundwater monitoring, and by requiring an operator who elects to close an impoundment to remove containment system components such as the impoundment liner and contaminated subsoils. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 14, 2024, Case #: 210304, Categories: administrative Law, energy, Environment
J. Snauffer finds that the trial court improperly invalidated a regulatory notice issued by the Geologic Energy Management Division which requires oil operators to cease operations if a "surface expression" appears outside of a wellbore as a result of injection operations. The regulations are consistent with the Public Resources Code and with the Division's mandate to promote health and safety. They are supported by substantial evidence that human life is endangered by the appearance of oil, water, steam, gas, formation solids or debris within 150 feet of a well. Vacated.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: March 1, 2024, Case #: F085832, Categories: administrative Law, energy, Environment
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J. Garcia dismisses as moot a nonprofit's challenge to the Federal Energy Regulatory Commission's grant of an energy company's request for a ruling that it's planned facility, which was to be built in Port St. Joe, Florida, fell outside the agency's regulatory jurisdiction. The company is not longer planning to build the facility.
Court: DC Circuit, Judge: Garcia, Filed On: February 16, 2024, Case #: 22-1251 , Categories: administrative Law, energy
J. Cates finds that the Commission properly directed GridLiance to apply for a certificate of public convenience and necessity after finding that it met the definition of a public utility. As an owner of transmission assets in Illinois, the company may be considered a public utility under the Public Utilties Act based on the transmission of electricity. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: January 26, 2024, Case #: 230073, Categories: administrative Law, energy
J. Pan denies a group of electricity customers' petition for review concerning the Federal Energy Regulatory Commission's denial of their challenge to AEP's transmission rates in 2019. The commission properly interpreted AEP's tariff, and it adequately and reasonably its order regarding the inclusion of certain costs in the charged rate.
Court: DC Circuit, Judge: Pan, Filed On: January 12, 2024, Case #: 22-1166 , Categories: administrative Law, energy
J. Oldham grants a petition for review of a decision by the Department of Energy to tighten regulations for dishwashers and washing machines. It is unclear the department has authority to regulate water use in those appliances. Furthermore, its new rule also fails to adequately consider appliance performance and substitution effects, as well as evidence that conservation standards are actually resulting in more energy and water use. The department must consider remedies short of repeal of existing rules.
Court: 5th Circuit, Judge: Oldham , Filed On: January 8, 2024, Case #: 22-60146 , Categories: administrative Law, energy, Environment
J. Henderson denies a city's petition for review of the Federal Energy Regulatory Commission's rejection of a power pool proposal regarding the shifting of electricity-related costs to certain customers. The commission properly concluded the city failed to show the rates are just and reasonable.
Court: DC Circuit, Judge: Henderson, Filed On: January 2, 2024, Case #: 22-1205, Categories: administrative Law, energy
[Consolidated.] J. Sutton finds the chairman of the Federal Energy Regulatory Commission exceeded the scope of his authority when he requested and obtained a remand from the D.C. Circuit Court to allow the commission to reconsider its prior decisions and ultimately deny the power generation companies' requests for changes to the price caps for reserve supplies. A quorum majority of the commission is required to approve such decisions, and because the power companies were unaware of the chairman's actions until several months later, their objection is timely and the commission's decision will be vacated to allow for a remand of the case.
Court: 6th Circuit, Judge: Sutton, Filed On: December 21, 2023, Case #: 22-3176, Categories: administrative Law, Civil Procedure, energy
J. Gabbert finds that the Commission properly ordering an eight-year amortization period for the remaining net book value of the Sibley Generating Station. The Commission's decision is supported by competent evidence, and was not made with any intention of allowing the utility to circumvent the statutory rate limitations designed to protect consumers. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: August 22, 2023, Case #: WD86023, Categories: administrative Law, energy
[Consolidated.] J. Childs denies several electricity suppliers' petitions for review of the Federal Energy Regulatory Commission's decision to eliminate a default offer cap in connection with offers submitted in a capacity market. The commission did not act capriciously or arbitrarily when it required a unit-specific review, and sufficiently explained its reasons for doing so.
Court: DC Circuit, Judge: Childs, Filed On: August 15, 2023, Case #: 21-1214 , Categories: administrative Law, energy
[Consolidated.] J. Childs denies an energy company's petitions for review regarding Federal Energy Regulatory Commission's decision to exercise primary jurisdiction over its dispute regarding rates charged by a pipeline company for the transportation of natural gas to its electric power generating plant and determining the incremental rate was appropriate under the pipeline's tariff. The energy company fails to show the commissioner's exercise of jurisdiction or its decision was arbitrary or capricious.
Court: DC Circuit, Judge: Childs, Filed On: August 11, 2023, Case #: 21-1195 , Categories: administrative Law, energy
[Consolidated.] J. Childs denies and dismisses, in part, two utilities' petitions for review challenging the Federal Energy Regulatory Commission's approval of more than $18 million in upgrade charges. The commission's decision to rely on extrinsic evidence to determine the tariff at issue allows for a certain methodology was not arbitrary and capricious, and the utilities failed to exhaust their administrative remedies for their claim related to an alleged violation of the filed rate doctrine.
Court: DC Circuit, Judge: Childs, Filed On: August 4, 2023, Case #: 20-1429 , Categories: administrative Law, energy
J. Wilkins vacates the Federal Mine Safety and Health Review Commission's decision that a mine inspector's citations to an independent trucking company located near one of its client's mining sites were invalid under the Mine Act. The commission erroneously interpreted the terms "mine" and "operator" under the Act, and the case must be remanded to allow the Secretary of Labor to interpret the Act's ambiguous language. Vacated.
Court: DC Circuit, Judge: Wilkins, Filed On: August 1, 2023, Case #: 22-1071 , Categories: administrative Law, energy
[Consolidated.] J. Walker denies two transmission owners and a utility company's petitions for review of the Federal Energy Regulatory Commission's approval a change to a transmission-funding regime. The commission considered the appropriate factors and created a fair regime by allowing participants to work together to choose and fund new projects.
Court: DC Circuit, Judge: Walker, Filed On: August 1, 2023, Case #: 22-1221 , Categories: administrative Law, energy
[Consolidated.] J. Henderson denies a solar generation facilities developer's petitions for review of the Federal Energy Regulatory Commission's approval of a transmission service agreement that will apply transmission system upgrade costs to one public utility that will then pass through the charges to the developer. The commission's decision that the costs should be applied to the sole benefitting customer rather than spread among all customers is supported by substantial evidence.
Court: DC Circuit, Judge: Henderson, Filed On: July 28, 2023, Case #: 22-1108 , Categories: administrative Law, energy
J. Wilkins grants, in part, an energy company's petition for review of the Federal Energy Regulatory Commission's creation of a new energy transmission service in the southeast. The commission failed to sufficiently support the requested tariff revisions, and must also explain how the new service is not a loose power pool.
Court: DC Circuit, Judge: Wilkins, Filed On: July 14, 2023, Case #: 22-1018 , Categories: administrative Law, energy
J. Childs denies a mine operator's petition for review of the Secretary of Labor's determination regarding which history violations could be used when determining it owed more than $7,000 in penalties. The regulation regarding the history violation usage is ambiguous and the secretary's interpretation - that violations that become final during the 15-month look-back period will be included in an operator's violation history - is reasonable.
Court: DC Circuit, Judge: Childs, Filed On: July 7, 2023, Case #: 22-1143 , Categories: administrative Law, energy
J. Wilkins grants energy trade groups and natural gas associations petitions for review challenging the Department of Energy's final rule instituting more stringent energy efficiency standards for commercial boilers. The department failed to sufficiently explain its reasoning, and it should have provided notice and comment.
Court: DC Circuit, Judge: Wilkins, Filed On: July 7, 2023, Case #: 22-1107 , Categories: administrative Law, energy, Environment
J. Walk denies a generator's petition for review of the Federal Energy Regulatory Commission's rejection of its challenge to a transmission-grid operator's $10 million tariff. The tariff was sufficiently detailed.
Court: DC Circuit, Judge: Walk, Filed On: July 7, 2023, Case #: 21-1192 , Categories: administrative Law, energy
J. Zamora finds the New Mexico Public Regulation Commission didn’t err when it denied an application from a utility company seeking to abandon interest in a power plant. The utility company had not fully complied with rules governing such abandonment, and the commission’s decision was therefore not arbitrary or capricious. Affirmed in part.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: July 6, 2023, Case #: S-1-SC-39138, Categories: administrative Law, energy, Government
J. Pearce finds that the Supreme Court lacks jurisdiction to review non-final decisions by the Public Service Commission about how to calculate the export credit rate it applies to the excess power generated by utility customers' solar panels. However, the Commission's decision to have the credits expire annually is final and reviewable. Utility customers who generate more electricity than they consume may be treated differently than other ratepayers, and the annual expiration of credits is supported by substantial evidence that allowing the credits to roll over each year would encourage customers to buy excess generating capacity in order to sell more power to the utilities. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: June 22, 2023, Case #: 20210041, Categories: administrative Law, energy
J. Pillard denies a mining company and its manager's petition for review of the Mine Safety and Health Administration's orders, which cited them for continuing to work following the release of high levels of methane. Evidence supports the administration's finding the violations were unwarrantable failures due, in part, to the unreasonableness of the company's decision to clearly violate regulations by keeping the drill energized during the methane release.
Court: DC Circuit, Judge: Pillard, Filed On: June 16, 2023, Case #: 22-1242 , Categories: administrative Law, energy
[Consolidated.] J. Pritzker finds that the lower court properly denied a preliminary injunction to block implementation of new regulations on siting renewable energy plants with an eye toward speeding up the review process. The regulations, rooted in zero emissions climate goals, were challenged by localities on home rule grounds, but the state legislature may preempt local laws on matters of state concern, which encompass energy infrastructure. Meanwhile, the agency put in charge of the regulations took a hard look at potential environmental impacts before authorizing them. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 18, 2023, Case #: 534318, Categories: administrative Law, energy, Environment