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Troutman Pepper | USA | 20 May 2022

FERC Reverses Approval of CAISO Capacity Market Adder

On April 22, 2022, the Commission on remand from the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), reversed…
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Troutman Pepper | USA | 10 Feb 2022

D.C. Circuit Grants Emergency Petition for Stay of FERC’s Order Terminating Killingly Energy Center’s ISO-NE Capacity Commitments

On February 4, 2022, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) issued a per curiam order granting NTE…
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Duane Morris LLP | USA | 2 Feb 2022

D.C. Circuit Addresses Agency’s Duty to Provide More Than a “Passing Reference to Relevant Factors,” as Well as the “Rule of Reason” Aspect of Tariffing and the Filed Rate Doctrine

Parties appealing agency orders often assert the agency failed to provide a reasoned explanation for its decision. This is typically an uphill battle…
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Sidley Austin LLP | USA | 2 Feb 2022

First Circuit Joins Circuit Split on FCA Dismissal Authority, Finds Government Has Broad Authority to Dismiss FCA Cases

On January 21, 2022, the First Circuit affirmed the Government’s request for dismissal of a whistleblower complaint alleging that several…
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Troutman Pepper | USA | 28 Jan 2022

D.C. Circuit Vacates and Remands FERC Orders Permitting Formula Rate Pass-Through of “Indirect” Public Relations and Advocacy Expenditures

On December 28, 2021, the Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded a series of FERC orders that…
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Holland & Hart LLP | USA | 1 Dec 2021

Legal Storm Clouds Gather As New Climate Change Policies Are Released

Concurrent with commitments made during the twenty-sixth meeting of the United Nations’ COP26 summit in Glasgow, Scotland, the Biden Administration…
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Hogan Lovells | USA | 20 Nov 2021

D.C. Circuit says trailers are not "motor vehicles"

On November 12, 2021, a divided panel of the U.S. Court of Appeals for the D.C. Circuit in Truck Trailer Manufacturers Association, Inc. v. EPA, et al…
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Troutman Pepper | USA | 14 Oct 2021

DC Circuit Directs FERC to Consider Environmental Impacts of LNG Facilities

In an August 3 opinion in the case of Vecinos para el Bienestar de la Comunidad Costera et al. V. FERC, Case No. 20-1093, the U.S. Court of Appeals…
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Troutman Pepper | USA | 12 Oct 2021

DC Circuit Found Waiver of Sovereign Immunity Under FCRA and FMCSA Is Not a CRA

In Mowrer v. United States Department of Transportation, the U.S. Court of Appeals for the District of Columbia held that government immunity is…
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Bass Berry & Sims PLC | USA | 5 Oct 2021

Reminder: When Are Communications with Corporate Counsel Privileged?

To Foster open and honest communications with counsel, it is critically important that those communications are protected from disclosure by the…
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