As expected, federal appeals courts have ruled to lift the previously granted stay orders against the new amendments to the Electricity Industry Law, claiming that permit holders and applicants have yet to be affected to access a constitutional challenge.

Regardless of such decisions, potentially affected parties, prior to the enactment of the new regulations, may have another chance to challenge or have the regulations revised prior to implementation, to the extent that the regulatory process has been breached as in prior cases; thus obtaining a new opportunity to secure a stay order against the potentially adverse effects of the new amendments and granting relief to permit holders to assess the financial and technical viability of their projects.

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