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Energy & Utilities Environmental Constitutional Law

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

Federal Courts’ Dismissal of Pre-emption Challenges to Illinois and New York ZEC Nuclear Subsidies Returns Focus to FERC

On July 14, 2017, and July 25, 2017, the U.S. District Court for the Northern District of Illinois and the U.S. District Court for the Southern District of New York, respectively, dismissed challenges to the Illinois and New...more

New York Federal District Court Decision Supports State’s Role in Furthering Clean Energy

by Holland & Knight LLP on

For the third time in the past month, a federal court has upheld a state program to pursue support for clean energy, including renewable energy certificates (RECs), and zero emission credits (ZECs) in New York and Illinois....more

The National Energy Board's Role in Crown Consultation

by Bennett Jones LLP on

On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult with Indigenous...more

State Programs to Encourage Zero-Emitting Generation Are Constitutional

Late last month, the 2nd Circuit Court of appeals rejected a challenge to Connecticut laws intended to encourage use of renewable energy. Earlier this month, Judge Manish Shah, of the Northern District of Illinois, issued a...more

Pennsylvania Supreme Court Extends Its Landmark Robinson Township Decision in Pennsylvania Environmental Defense Foundation v....

by Ballard Spahr LLP on

The "Environmental Bill of Rights" is now indisputably the law of the land in Pennsylvania. A majority of the Pennsylvania Supreme Court reaffirmed and extended its landmark decision in Robinson Township v. Commonwealth, 83...more

PA Supreme Court Restricts General Assembly’s Right to Spend Oil & Gas Royalty Money

by Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court continues to expand the reach of the Environmental Rights Amendment to the state Constitution. Adopted in 1971, the Environmental Rights Amendment recognizes that the people have a right to...more

The D.C. Circuit shows the way through the red tape in pipeline permitting dispute

by Hogan Lovells on

On June 23, 2017, the United States Court of Appeals for the District of Columbia Circuit held that Millennium Pipeline Company LLC lacked standing to bring a claim against the New York State Department of Environmental...more

State Attorneys General Warn the EPA of Legal Action Should Obama-Era Fuel Economy Standards Get Rolled Back

by Foley & Lardner LLP on

Even as the Trump administration is calling into question whether it will remain committed to Obama-era fuel economy and emissions targets, state governments are stepping up to enforce those same targets....more

NC Legislative Update: June 2017 #2

by Nexsen Pruet, PLLC on

This Week - On June 5, 2017, the U.S. Supreme Court upheld a lower court opinion that 28 NCGA legislative House and Senate districts relied too heavily on race, and remanded the matter to the lower court. Although the...more

Life, Liberty, and…IPRs? SCOTUS to Weigh in on Constitutionality of Inter Partes Review Proceedings

by Bryan Cave on

Today, the Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (June 12, 2017), to decide whether post-grant proceedings created under the America Invents Act (“AIA”) are...more

Stability For Calif. Cap-And-Trade Program, For Now

The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is...more

Challenge to California's Cap-and-Trade Emission Allowances Auction Rejected on Appeal

by Jones Day on

On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

Cap and Trade Auction Credits: Taxes, Regulatory Fees or “Something Else”? California Third District Court of Appeal Hears...

by Nossaman LLP on

A three-judge panel of the California Court of Appeal for the Third District heard oral argument last week in the longstanding companion cases challenging the legality of AB 32’s cap and trade auctions. California Chamber of...more

Oregon Federal Court Issues Remarkable Decision Finding Constitutional Right to Stable Climate

by Liskow & Lewis on

On November 10, 2016, a federal district judge in Oregon issued a remarkable decision in which she found that a climate system “capable of sustaining human life” is a fundamental constitutional right. Juliana v. United States...more

Italian Constitutional Court declares the question of constitutional legitimacy on the “Spalma-Incentivi” Decree ‘groundless’

by Latham & Watkins LLP on

On December 7, 2016 the Italian Constitutional Court (the “Constitutional Court”) rejected the appeal filed by four solar energy operators against Art. 26, paragraphs 2 and 3 of Italian Law Decree no. 91, dated June 24, 2014,...more

Endangered Fish v. Humans: The Fight Over Competing Water Needs

by Best Best & Krieger LLP on

The struggle to allocate scarce water resources between endangered and threatened fish and humans is not new. But droughts in the Southwest, which lower stream flows, and population increases, which raise demand, have...more

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Energy Sector Alert Series: Supreme Court Cases to Watch

by WilmerHale on

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

Robinson Township v. Commonwealth – Is Any of Act 13 Left?

The Pennsylvania Supreme Court struck four additional portions of Act 13 of 2012 in its much anticipated second decision in the Robinson Twp. v. Com. litigation (Robinson IV) on September 28, 2016. While the decision and its...more

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

by Dentons on

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the...more

Nasi joins Texas and West Virginia attorney generals at TPPF event about Clean Power Plan

by Jackson Walker on

Mike Nasi, partner in our Austin office, joined Texas Attorney General Ken Paxton and West Virginia Attorney General Patrick Morrissey at a Texas Public Policy Foundation (TPPF) event to discuss the Clean Power Plan rules in...more

California Environmental Law & Policy Update - August 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

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