News & Analysis as of

Jurisdiction Utilities Sector

Ackerman & Ackerman, P.C.

Transmission Lines and Eminent Domain: What Property Owners Need to Know

One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more

Steptoe & Johnson PLLC

FERC Broadens Definition of Affiliate; Increases Investor and Utility Scrutiny

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On October 20, 2022, the Federal Energy Regulatory Commission (FERC) issued two orders broadening the definition of “affiliate” under federal electric regulations. Pursuant to Evergy Kansas Cent., Inc. and TransAlta Energy...more

Akin Gump Strauss Hauer & Feld LLP

Tenth Circuit Avoids Circuit Split in PURPA Dispute, Revives Federal Suit

In a unanimous decision issued this week, the U.S. Court of Appeals for the 10th Circuit sided with rooftop solar owners in a dispute over the jurisdictional scheme established by the Public Utility Regulatory Act (PURPA)....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 27, July 2020

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more

Akin Gump Strauss Hauer & Feld LLP

Challenge to FERC Disclaimer of Jurisdiction over Net Metering Riles Small-Scale Solar Community

On April 14, 2020, the New England Ratepayers Association (NERA) filed a Petition for Declaratory Order (Petition) asking the Federal Energy Regulatory Commission (FERC or the Commission) to reverse its policy on net...more

Mitchell, Williams, Selig, Gates & Woodyard,...

92nd Arkansas General Assembly/SB 289: Municipal Jurisdiction Over Utilities

Senate Bill 289 has been introduced which would amend certain provisions of Chapter 200 (Municipal Authority Over Utilities) of the Arkansas Code. The bill’s sponsors include: Senator Jane English (North Little Rock) -...more

K&L Gates LLP

Distressed Solutions: Energy Bankruptcies and the Intersection of Contract Rejection and FERC

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We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more

Eversheds Sutherland (US) LLP

Patronage capital update

The federal courts of appeals have generally recognized that electric cooperatives can retire patronage capital to their members through means other than annual cash payments. For example, the US Court of Appeals for the...more

Akin Gump Strauss Hauer & Feld LLP

New CFIUS Law: Key Issues Affecting the Energy Sector

• FIRRMA broadens the scope of a CFIUS review beyond transactions that could result in a foreign person gaining the ability to control a U.S. business. Consequently, more energy deals could be captured through expanded...more

Stoel Rives LLP

California Groundwater Update: Public Comments Due For Basin Boundary Regulations

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As one of many implementation steps under the Sustainable Groundwater Management Act (“SGMA” codified as Water Code §§ 10720 et seq.), basin boundary regulations were released recently by the California Department of Water...more

Cadwalader, Wickersham & Taft LLP

D.C. Circuit Vacates FERC’s Wholesale Demand Response Compensation Rule Because It "Goes Too Far"

Introduction - On May 23, 2014, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), in a 2-1 decision, vacated in its entirety and remanded Order No. 745 of the Federal Energy Regulatory...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Vacates FERC’s Controversial Demand Response Rule

On May 23, the United States Court of Appeals for the D.C. Circuit vacated in its entirety FERC’s controversial rule governing demand response resources in wholesale energy markets, known as “Order 745.”1 The majority...more

Akin Gump Strauss Hauer & Feld LLP

Facing Civil Penalty, Paper Mill Asks District Court to Find that FERC Lacks Jurisdiction Over Demand Response

After a long investigation dating back to 2008, the Federal Energy Regulatory Commission (Commission) concluded in 2013 that Lincoln Paper and Tissue, LLC (Lincoln), a Maine paper mill, had engaged in fraud through its...more

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