News & Analysis as of

Power Plants Constitutional Challenges

Perkins Coie

Law Restricting Judicial Review of Thermal Power Plant Licensing Decisions Ruled Unconstitutional

Perkins Coie on

The First District Court of Appeal held that Public Resources Code section 22531 unconstitutionally restricted judicial review of licensing decisions by the Energy Resources Conservation and Development Commission regarding...more

Stoel Rives - Environmental Law Blog

Exclusive Jurisdiction by the California Supreme Court Over Judicial Review of Thermal Power Plant Licenses Held Unconstitutional

The Alameda Superior Court recently declared portions of the Warren-Alquist Act unconstitutional in Communities for a Better Environment v. Energy Resources Conservation and Development Commission (CBE v. Energy Commission)....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018 #2

U.S. to Give Eight Nations Oil Waivers Under Iran Sanctions, Official Says - "The U.S. has agreed to let eight countries - including Japan, India and South Korea - keep buying Iranian oil after it reimposes sanctions on the...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

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

Latham & Watkins LLP

German Utilities Score Billions on Constitutional Challenge to German Nuclear Fuel Tax

Latham & Watkins LLP on

On 7 June 2017, the Federal Constitutional Court of Germany (FCC) published a recent decision that declared the German Nuclear Fuel Tax Act (Kernbrennstoffsteuergesetz – KernbrStG) void due to the lack of legislative...more

Latham & Watkins LLP

German Nuclear Phase-Out Legislation is Partly Unconstitutional

Latham & Watkins LLP on

The Federal Constitutional Court of Germany (FCC) on December 6 ruled that while the phase-out of nuclear energy (enacted in 2011) is in compliance with the constitution, Germany’s energy suppliers which operate nuclear power...more

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