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Energy Law Alert: California Cap and Trade Auctions Upheld as Constitutional

The Sacramento Superior Court has upheld the constitutionality of California Air Resources Board's ("ARB") cap and trade auctions in the related cases California Chamber of Commerce v. ARB and Morning Star Packing Company v....more

California’s Cap-and-Trade Auction Is Not a Tax: Court Decides “Close Question”

In a twin set of wins for the state, two lawsuits challenging California’s flagship cap-and-trade auction system first implemented in November 2012 were rejected by Sacramento Superior Court Judge Timothy Frawley this...more

Judge Posner Suggests Some Renewable Portfolio Standards are Unconstitutional

Renewable portfolio standards (RPSs) that favor in-state renewable energy projects may be unconstitutional under the Commerce Clause. That is the recent opinion of Judge Richard Posner, an influential member of the U.S. Court...more

7th Circuit Affirms Socializing Costs of Multi-Value Electric Transmission Projects

On June 7, 2013, the U.S. Court of Appeals for the 7th Circuit issued a decision in Illinois Commerce Commission, et al. v. Federal Energy Regulatory Commission, affirming Federal Energy Regulatory Commission (“FERC”) orders...more

U.S. Court Of Appeals Decision Likely To Impact State Transmission And RES Policies

On June 7th, 2013, the U.S. Court of Appeals for the Seventh Circuit issued an opinion that could have significant impacts on transmission and renewable energy policies all across the country....more

Decision Made Concerning Red River Compact

This month, in Tarrant Regional Water District v. Herrmann, the United States Supreme Court unanimously sided with the State of Oklahoma in the state’s long battle with the State of Texas concerning the Red River Compact, 94...more

Seventh Circuit Upholds Method to Fund Transmission Expansions to Carry Renewable Energy

A recent Seventh Circuit opinion, Illinois Commerce Commission v. FERC, represents a significant victory for the future of renewable energy. The decision, authored by Judge Richard Posner, upholds the method Midcontinent...more

7th Circuit Upholds Regional Cost Allocation for MISO Transmission Projects

The U.S. Court of Appeals for the Seventh Circuit recently upheld MISO’s FERC-approved multi-value project (MVP) tariff, which spreads the costs of constructing certain new transmission lines across the entire MISO footprint...more

Seventh Circuit Ruling Supports Transmission Of Renewable Energy And Questions State Renewable Portfolio Standards That...

Two important factors affecting the growth of renewable energy infrastructure in the United States are impacted by a recent federal court decision. ...more

Subject Matter Jurisdiction Under RCRA: Testing the Limits of the Commerce Clause in a Citizens' Suit

Courts have traditionally construed federal jurisdiction of environmental statutes expansively, consistent with their remedial intent. However, recent opinions in Voggenthaler v. Maryland Square, LLC, Case 2:08-cv-1618 (D....more

Marzulla Law Legal Report - September 2011

In This Issue: - Court Upholds Landowner's Contract-Based Mineral Rights In the Elmore/Road Rock, Inc. v. Florida Power & Light breach of contract case, Judge Robert A. Rosenberg of the Complex Litigation Unit of...more

•Stewart & Jasper Orchards v. Salazer

Brief Of Amici Curiae Center For Constitutional Jurisprudence And The CATO Institute In Support Of Petitioners

The federal government is currently engaged in a misguided attempt to use a noneconomic statute — the Endangered Species Act — to regulate under its Commerce Clause authority a noneconomic activity, the potential "take" of...more

Gavel to Gavel: To kill a mockingbird By Jessica John Bowman

Article first appeared in The Journal Record - June 9, 2011. Maybe you’ve heard this one: A hunter asks the game warden whether he may shoot a particular animal. “No,” replies the warden, “I’m sorry, but the season...more

Risks in Desiging for LEED Certification

Desiging a building to be LEED certified carries legal risks. Minimize those risks by stating LEED goals, not LEED guarantees....more

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