Articles: 1-10 of 70
Update on Incidental Take Policy Could Affect Energy Projects
USA - May 18 2018 In an April 11, 2018 guidance memorandum, the U.S. Fish and Wildlife Service (USFWS) reiterated the Trump Administration’s stance that “the take of…
Secretary of Energy Utilizes Obscure Statutory Provision to Direct FERC to Issue Grid Resiliency Pricing Rule
USA - October 12 2017 On September 28, 2017, Secretary of Energy Rick Perry exercised the authority of section 403 of the Department of Energy Organization Act of 1977 to…
Third Circuit Clarifies Interplay Between Fitness-For-Duty Requirements and Americans with Disabilities Act
USA - August 18 2017 On August 15, the Third Circuit issued a decision that addressed, for the first time by an appellate court, the interplay between the U.S. Nuclear…
Is It Time for Congress to Modify the FERC Rehearing Requirement?
USA - August 17 2017 Unhappy enough with a FERC order that you want to challenge it in a federal appeals court? Unfortunately, your itch for justice will take a while to…
New York Zero Emission Credits Survive Legal Challenge
USA - July 26 2017 Round two also goes to nuclear power. On the heels of a July 14 decision by a federal judge in Illinois dismissing complaints attacking the zero…
Illinois Federal Judge Dismisses Challenge to ZEC Program
USA - July 20 2017 Round one goes to nuclear power. On the heels of a Second Circuit decision rejecting challenges to Connecticut’s renewable energy program, on July 14…
Second Circuit Decision Favors ZECs and RECs
USA - June 29 2017 On June 28, U.S. Court of Appeals for the Second Circuit issued a decision in Allco Finance Ltd v. Klee in which the court rejected a challenge to…
9th Cir. Confirms Filed Rate Doctrine Bars Federal Lawsuits Seeking Damages for Inflated Wholesale Electric Rates
USA - May 19 2017 Last week, the Ninth Circuit affirmed the dismissal of a RICO suit by consumers alleging that an energy supplier fraudulently manipulated wholesale…
Attorney-Client Privilege and Nuclear Regulation
USA - May 16 2017 Not surprisingly, the nuclear industry is heavily-regulated and draws on a variety of highly-specialized experts across the full range of engineering…
Improving FERC’s Investigative Process
USA - May 9 2017 With the expected appointment of four new FERC Commissioners, commentators have mused on new priorities for the agency, including in the FERC Office…
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