Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards | Texas Appellate Law Podcast
Inside the Fourth Court of Appeals’ Clerk’s Office | Michael Cruz | Texas Appellate Law Podcast
Supersedeas and Other Recent Rule Changes | Texas Appellate Law Podcast
Supreme Court Miniseries: Tribal Rights in the 21st Century
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
AGG Talks: Home Health & Hospice - Reimbursement Audits and Appeals
After ALJ: Options and Opportunities in the Face of an Unfavorable ALJ Decision
Understanding the SCOTUS Shadow Docket | Steve Vladeck | Texas Appellate Law Podcast
Podcast: The Legal Battle Over Mifepristone - Diagnosing Health Care
Checking in On the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Law Brief®: Rich Schoenstein and New York State Senator Luis Sepúlveda Discuss The Chief Judge Controversy
Appellate Justice for Domestic Violence Survivors
Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast
The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast
Podcast: California Employment News - Time to Do Away With Rounding Policies
Two Federal Courts Deal Blow to Biden Administration’s Federal Student Loan Forgiveness Program: A Close Look at the Decisions
This Am Law 50 senior counsel cements his authority through two appellate analytics blogs - Legally Contented Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Reflections on 100 Episodes | Texas Appellate Law Podcast
For those seasoned rockers, CCR means Creedence Clearwater Revival, but for environmental lawyers, CCR means Coal Combustion Residuals (“CCR”) which is a slurry by-product from the generation of electricity from coal fired...more
Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call...more
The Georgia Court of Appeals has affirmed Georgia Power Company’s “grandfather” rights to provide electric service to a manufacturing/warehouse facility that had been expanded and renovated over the years, but not...more
The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water...more
A District Court of Appeal of Florida (First District) (“Appellate Court”) addressed in a September 9th Opinion an issue arising out of an organization’s challenge of a utility’s Distributed Generation Policy (“DGP”). See...more
The United States Environmental Protection Agency (“EPA”) issued a Prepublication Notice on November 24th stating it would not issue final regulations for Comprehensive Environmental Response, Compensation and Liability Act...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a September 30th Opinion a challenge to a Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more
The Solar Energy Industries Association (“SEIA”) filed a September 18th Petition before the United States Court of Appeals for the Ninth Circuit challenging Order No. 872 which revised certain Public Utility Regulatory...more
The 2020 Regular Session of the West Virginia Legislature recently passed the one-third mark and, as of this writing, the House has introduced 1155 bills, while the Senate introduced 656. We will continue reporting on and...more
In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more
On July 30, 2019, a Ninth Circuit Court of Appeal panel unanimously held that the federal Public Utility Regulatory Policy Act (PURPA) preempts two components of California's Renewable Market Adjusting Tariff (Re-MAT)...more
Federal Appeals Court Vacates Key Atlantic Coast Pipeline Permit - "A federal appeals court has pulled another permit issued to the Atlantic Coast Pipeline, saying the U.S. Fish and Wildlife Service had fast-tracked the...more
Oil Drops More Than 3% After State Secretary Pompeo Says Iran Is Ready To Negotiate About Its Missile Program - "Oil prices turned lower on Tuesday, falling by about $2 a barrel as U.S. President Donald Trump said progress...more
The Appellate Court of Connecticut “(“Court”) addressed in an April 16th opinion whether unauthorized electricity submetering had occurred. See PMC Property Group, Inc., et al. v. Public Utilities Regulatory Authority et al.,...more
Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction - "President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and...more
On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more
On September 13, 2018, the Seventh Circuit Court of Appeals issued its long-awaited decision in the consolidated cases of Elec. Power Supply Assn. v. Anthony M. Star, 7th Cir. Nos. 17-2433, 17-2445, 2018 U.S. App. LEXIS 25980...more
A recent North Carolina Court of Appeals decision, State of North Carolina ex. rel. Utilities Commission, et. al. v. N.C. Waste Awareness and Reduction Network (NC WARN), affirming an order of the North Carolina Utilities...more
The Court of Appeals of North Carolina (“Court”) addressed in a September 19th opinion whether an entity supplying and operating a system of solar panels to a North Carolina facility is a “public utility” under North Carolina...more
This is our second installment of Currents - our weekly energy news e-blast where we deliver the week's top energy news stories and our synopsis of why those stories are important from a legal perspective. - Appeals Court...more
The provision contained in incumbent electric utility tariffs—conferring on the holder the right of first refusal (ROFR) to construct additions to the high-voltage electrical grid, regardless of who conceived of and proposed...more
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
On September 4, 2015, the U.S. Court of Appeals for the 9th Circuit issued an opinion remanding a series of Federal Energy Regulatory Commission (FERC) orders approving, with modifications, two settlements related to...more
Since our last update regarding the D.C. Circuit’s vacatur of FERC Order No. 745 in Electric Power Supply Ass’n v. FERC ( “EPSA”), several developments have occurred in EPSA and related proceedings. The appeals process and...more
On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more