News & Analysis as of

Electricity Supreme Court of the United States

Akin Gump Strauss Hauer & Feld LLP

Artificial Intelligence and Grid Reliability Among Hot Topics on FERC’s Radar in Testimony Before U.S. House of Representatives...

On Wednesday, July 24, 2024, the U.S. House of Representative Committee on Energy and Commerce held a Subcommittee on Energy, Climate, and Grid Security hearing to review the Federal Energy Regulatory Commission (FERC or...more

Dorsey & Whitney LLP

Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?

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Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #3

Supreme Court Lifts Key Obstacle to Atlantic Coast Pipeline, but More Challenges Remain - "The U.S. Supreme Court has reversed a lower court ruling that held up construction on the Atlantic Coast Pipeline, which would...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2020 #4

Industry Expert Insights - We reached out to a well-known expert in Mexico in the energy and legal industries to get his thoughts on the current energy climate. Juan Serra is a partner in the Mexico City office of...more

McNees Wallace & Nurick LLC

Legal Battle Over Energy Savings Continues to Simmer

Each month, electric bills arrive like clockwork. For large commercial and industrial businesses, especially those that are energy-intensive, these electric bills can represent a sizeable portion of a business’s monthly...more

Moore & Van Allen PLLC

Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program

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In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Invalidates Maryland Program that Supplements FERC-Approved Capacity Payments

In a unanimous opinion issued on April 19, the U.S. Supreme Court invalidated a Maryland program designed to incentivize construction of a new natural gas plant. The Court concluded that the program infringed upon the...more

Davis Wright Tremaine LLP

Supreme Court Rejects Maryland Power Plant Subsidies, But Signals Permissible Ways for States to Incentivize New Plants

In recent years, Maryland attempted to subsidize new power plants by guaranteeing prices for generating capacity at wholesale auctions administered by PJM Interconnection L.L.C. (PJM). Tuesday, the Supreme Court unanimously...more

Dorsey & Whitney LLP

The Supreme Court - April 2016 #3

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The Supreme Court of the United States issued decisions in two cases on April 19, 2016: Hughes v. Talen Energy Marketing, LLC, No. 14-614: Congress, though the Federal Power Act (“FPA”), 16 U.S.C. §791a et seq., vested...more

Kilpatrick Townsend & Stockton LLP

Supreme Court Ruling Spurs Energy Storage Possibilities

On January 25, 2016, the Supreme Court issued a landmark decision (“Decision”) -- reversing the D.C. Circuit’s vacatur of Federal Energy Regulatory Commission (“FERC”) Order 745, which provides crucial market incentives for...more

Cozen O'Connor

Supreme Court Rules that FERC Wholesale Markets Can Compensate Demand Response Providers

Cozen O'Connor on

In late January, the Supreme Court issued a decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., 577 U.S. __, slip. op. (2016) upholding Federal Energy Regulatory Commission (FERC)...more

Mintz - Energy & Sustainability Viewpoints

Supreme Court Affirms FERC Demand Response Authority

Last week, the Supreme Court handed down a ruling affirming that federal regulators may encourage large electricity users to reduce consumption at peak times in exchange for price breaks, a practice known as “demand...more

Allen Matkins

Renewable Energy Update - January 2016 #4

Allen Matkins on

Renewable Energy Focus - The Verdict Is In: CPUC Preserves Net Metering In California - Solar Industry - Jan 28 In a 3-2 vote this morning, the California Public Utilities Commission (CPUC) issued its long-awaited...more

Foley Hoag LLP - Environmental Law

Good Law Catches Up With Good Policy: The Supreme Court Upholds FERC’s Demand Response Order

The Supreme Court today affirmed FERC’s Order No. 745, which required that demand response resources be treated the same as generation resources when participating in wholesale electricity markets. I’m feeling vindicated,...more

Orrick - Finance 20/20

Update on Puerto Rico

Orrick - Finance 20/20 on

Supreme Court to Determine Constitutionality of DERA By order dated December 4, 2015, the US Supreme Court has agreed to consider the appeal by the Commonwealth and the Government Development Bank regarding the...more

Moore & Van Allen PLLC

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Hears Arguments on FERC Demand Response Policy

The Energy Policy Act of 2005 ("EPAct 2005") established a national policy to encourage reliable and affordable demand response services. Demand response refers to the ability of retail electric customers to reduce or shift...more

Moore & Van Allen PLLC

Supreme Court Questions FERC Authority to Regulate Electricity Market Demand Response to Bolster Grid Reliability

Moore & Van Allen PLLC on

Ensuring the reliability of the electric power grid in times of extreme weather and other times of peak usage is critical to avoid interruptions in power and black outs. Reflecting on the 2014 Polar Vortex, the paramount...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Argument on Demand Response Marked by Ideological Divisions

On Wednesday, October 14, 2015, the parties to the U.S. Supreme Court case FERC v. EPSA made their arguments before the justices. This case involves the validity of the Federal Energy Regulatory Commission’s (FERC or...more

BakerHostetler

Tenth Circuit Rejects Constitutional Challenge to Colorado’s Renewable Energy Mandate

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On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the...more

Ballard Spahr LLP

Supreme Court: EPA Must Consider Costs in Power Plant Rule

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The U.S. Supreme Court issued its opinion in Michigan v. EPA, reversing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit and holding that the U.S. Environmental Protection Agency (EPA) must consider...more

Cadwalader, Wickersham & Taft LLP

The Fate of Demand Response Hangs in the Balance

The Justices of the United States Supreme Court are not strangers to the retail versus wholesale distinction that often plagues FERC’s regulations. Indeed, on January 12, 2015 they heard arguments in Oneok v. Learjet...more

McNees Wallace & Nurick LLC

Supreme Court Reinstates Cross-State Air Pollution Rule

On April 29, 2014, in a decision that may impact electric prices and service reliability for McNees clients in the region, the United States Supreme Court reinstated EPA’s Cross-State Air Pollution Rule (CSAPR). CSAPR was...more

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