News & Analysis as of

Federal Energy Regulatory Commission Subsidies

Dorsey & Whitney LLP

Energy Law: Month in Review - July 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month....more

Stoel Rives - Renewable + Law

And Now the Second Circuit Upholds New York’s Nuclear Subsidy Program

Following up on our recent blog post regarding the Seventh Circuit’s decision to uphold Illinois’ nuclear subsidy program, two weeks later on September 27, 2018, the Second Circuit upheld a district court’s decision finding...more

Stoel Rives - Renewable + Law

Seventh Circuit Upholds Illinois’ ZEC Program and Leaves the Door Open for State Subsidization of Generation

On September 13, 2018, in Electric Power Supply Association v. Star (Case No. 17-2433 and 17-2445), the Seventh Circuit upheld a district court decision finding that Illinois’ zero emissions credit (ZEC) program (i.e., its...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

Holland & Knight LLP

FERC Rejects Department of Energy's Bid for Coal, Nuclear Subsidies

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• The Federal Energy Regulatory Commission (FERC) has voted to terminate a Notice of Proposed Rulemaking stemming from Department of Energy (DOE) Secretary Rick Perry's September 2017 proposal to initiate new pricing rules. ...more

Mintz - Energy & Sustainability Viewpoints

NY Federal Court Dismisses Case Against Subsidies for Nuclear Energy

On July 25, 2017, the U.S. District Court of the Southern District of New York dismissed a case brought by fossil fuel generators against New York’s recently established zero emission credit program....more

Akin Gump Strauss Hauer & Feld LLP

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

Holland & Knight LLP

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

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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

Stoel Rives - Renewable + Law

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

Skadden, Arps, Slate, Meagher & Flom LLP

"FERC Could See Substantial Changes Under President Trump"

The Federal Energy Regulatory Commission (FERC) is a somewhat obscure and highly technical agency that was not discussed specifically during President Donald Trump’s campaign. Its regulatory footprint is, however,...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Invalidates Maryland Power Plant Subsidy Program and Reaffirms FERC’s Exclusive Authority Over Wholesale Capacity...

On April 19, 2016, for the second time in three months, the Supreme Court of the United States reaffirmed the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over the formation of wholesale rates in...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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Hughes v. Talen Energy Marketing, LLC

On April 19, 2016, the United States Supreme Court decided Hughes v. Talen Energy Marketing, LLC, No. 14-614, holding that Maryland’s program that provided subsidies to a new electricity generator through state-mandated...more

Mintz - ML Strategies

Energy & Environment Update - July 2015 #2

Mintz - ML Strategies on

In This Issue: - Energy and Climate - Congress - Administration - Department of Commerce - Department of Energy - Department of Treasury - Environmental Protection Agency -...more

Cozen O'Connor

MD and NJ Programs Subsidizing New Power Plants Found Unconstitutional in Separate Federal Decisions

Cozen O'Connor on

On October 11, 2013, New Jersey’s Long-Term Capacity Pilot Program (LCAPP) became the second state program designed to foster the development of new in-state power plants to be found unconstitutional in as many weeks. In late...more

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