D.C. Circuit Court of Appeals
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A pair of recent appeals court decisions signal a shift in how the courts view FERC's approvals of natural gas infrastructure and has the commission considering its next steps, Chair Willie Phillips said at a Sept. 19 open meeting.
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The D.C. Circuit Court of Appeals set aside EPA emission rules on new large boilers as they applied to those built prior to August 2020, ruling that was a violation of the Clean Air Act.
King of Hearts, CC BY-SA 4.0, via Wikimedia Commons
The D.C. Circuit ruled in favor of Pacific Gas and Electric in the latest twist in a nearly two-decade dispute with the San Francisco over a distribution system wheeling contract between the two entities.
Constellation Energy
The D.C. Circuit Court of Appeals vacated FERC’s approval of two LNG export facilities in Texas and remanded the cases back to the commission.
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The D.C. Circuit Court of Appeals vacated and remanded an order by FERC approving a natural gas pipeline in New Jersey that state regulators said was unneeded.
Entergy
The D.C. Circuit Court of Appeals rejected Entergy’s challenge of MISO’s seasonal capacity accreditation and generator outage rules, two years after FERC approved the rules.
Tenaska
The court rejected a wind farm’s challenge of FERC’s decision to allow SPP to charge more than $100 million for upgrades needed to connect the facility to the grid operator’s system.
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FERC is getting an early taste of life without Chevron deference after the Supreme Court remanded a case involving the Public Utility Regulatory Policies Act back to an appeals court.
SEEM
FERC requested stakeholder arguments on whether SEEM should be considered a loose power pool under Order 888.
D.C. Circuit Court of Appeals
The D.C. Circuit Court of Appeals has upheld FERC’s approval of a key NYISO capacity market price determinant that the state utility regulator says could raise costs by hundreds of millions of dollars per year.
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