News & Analysis as of

Electricity Preemption

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2019

This Breakthrough Lithium Extraction Technology Could Accelerate the Sustainable Energy Transition - "A breakthrough nanotechnology from cleantech start-up EnergyX promises to revolutionise the speed, cost and...more

Holland & Knight LLP

The Light Shines for CA QFs: The Ninth Circuit Finds PURPA Preempts CA Renewable Energy Program

Holland & Knight LLP on

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

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Joins Seventh Circuit in Upholding Constitutionality of ZECs, Ending the Current Preemption Fight Against Nuclear...

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

Bricker Graydon LLP

7th Circuit Court of Appeals affirms Illinois subsidy for nuclear generation facilities

Bricker Graydon LLP on

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2017#2

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

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

Dorsey & Whitney LLP on

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

Akin Gump Strauss Hauer & Feld LLP

Federal Court Finds Maryland’s Long-Term Contract for Differences Unconstitutional

On September 30, 2013, the United States District Court for the District of Maryland issued its decision in PPL Energyplus, LLC v. Nazarian. The case has been watched by many for its potential implications with respect to...more

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