News & Analysis as of

Public Utility Appeals

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

Water Services/Public Water System: Tennessee Appellate Court Addresses Service Area Dispute

The Court of Appeals of Tennessee (“Court”) addressed in an April 22nd Opinion an issue arising out of the right to provide water services in a particular area. See MILCROFTON UTILITY DISTRICT OF WILLIAMSON COUNTY, TENNESSEE...more

Clark Hill PLC

Colorado Court of Appeals Holds That the Felonious Killing Exception Applies to Corporations

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In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more

Eversheds Sutherland (US) LLP

Supreme Court declines final review in Territorial Act dispute involving electric vehicle charging stations

The Georgia Supreme Court has denied a request by Sawnee EMC to take up and consider a final appeal in a long-running lawsuit over the right to serve an electric vehicle (EV) charging station. The case arose from Georgia...more

Troutman Pepper Locke

Federal Appeals Court Appears Skeptical of State’s Ability to Question Federal Transmission Planning Decisions

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On December 5, 2024, the U.S. Court of Appeals for the Third Circuit heard oral arguments in Transource Pennsylvania LLC v. Steven M. Defrank, et.al. The case presents the question of potential tension between FERC’s...more

Eversheds Sutherland (US) LLP

Court of Appeals affirms “grandfather” rights in Territorial Act renovation dispute

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

Husch Blackwell LLP

Fifth Circuit Rules Bankruptcy Court to Abstain from ERCOT-Winter Storm Uri Case

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On January 5, 2023, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) vacated a decision from the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the...more

Bracewell LLP

Fifth Circuit Rules Just Energy Bankruptcy Court Erred in Exercising Jurisdiction to Redetermine ERCOT Pricing During Winter Storm...

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In a January 5, 2023 opinion from the United States Court of Appeals for the Fifth Circuit, the panel held the Just Energy bankruptcy court erred in exercising jurisdiction over the debtor’s suit to recover Winter Storm Uri...more

Keating Muething & Klekamp PLL

Eminent Domain Insight: Ohio Supreme Court Weighs in on Challenging the Necessity of a Public Use in a Utility Condemnation Action

Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more

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

FERC PURPA Rule Revisions/Order No. 872: Solar Energy Association United States Court of Appeals (9th) Petition for Review

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

Best Best & Krieger LLP

“You Can’t Stand in the Way of Progress”

California Appellate Court Says Public Utility Must Pay to Relocate Pipelines to Make Way for Public Transportation Project - In a landmark victory for transportation agencies, the California Court of Appeal brought...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Updates, Issue 3

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

Morgan Lewis

Pennsylvania Supreme Court Strikes Down City Ordinance Attempting to Regulate Utilities’ Use of Municipal Rights-of-Way

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The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more

Holland & Knight LLP

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

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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

Dorsey & Whitney LLP

The Supreme Court - April 29, 2019

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The Supreme Court of the United States issued the following decision this morning: Thacker v. TVA, No. 17-1201: The Tennessee Valley Authority (“TVA”) is a federally-created and Government-owned corporation that...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Thacker v. Tennessee Valley Authority

On April 29, 2019, the Supreme Court of the United States decided Thacker v. Tennessee Valley Authority, No. 17-1201, holding that the “sue-and-be-sued” clause that waives the Tennessee Valley Authority’s (TVA) sovereign...more

Latham & Watkins LLP

California Appeals Court: Which Conflicting Limitations Period Applies to CEQA Claim

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued on October 23, 2018, Save Lafayette Trees v. City of Lafayette, Case No. A154168, the California Court of Appeal...more

Goulston & Storrs PC

Professional Liability Alert: California Supreme Court Decides that Ethical Violation Does Not Necessarily Result in Forfeiture of...

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In Sheppard Mullin Richter & Hampton, LLP v. J-M Manufacturing Company, Inc., No. S232946, August 30, 2018, the California Supreme Court found that Sheppard Mullin’s failure to disclose a known conflict with another current...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Finds That FERC Acted Arbitrarily and Capriciously by Awarding Incentive Adders to PG&E for Membership in CAISO

In an opinion issued January 8, 2018, the United States Court of Appeals for the 9th Circuit found that the Federal Energy Regulatory Commission (FERC) had acted arbitrarily and capriciously when it determined that Pacific...more

Eversheds Sutherland (US) LLP

Solar Test Case Heads to North Carolina Supreme Court

The North Carolina Waste Awareness and Reduction Network (NC WARN), a Durham, North Carolina based activist group, has filed an appeal of a North Carolina Court of Appeals decision upholding the North Carolina Utilities...more

Akin Gump Strauss Hauer & Feld LLP

First Circuit Decision Finds No Private Right of Action Under PURPA Against a Utility

On November 13, 2017, the U.S. Court of Appeals for the 1st Circuit held in Allco Renewable Energy Ltd. v. Mass. Elec. Co. that a Qualifying Facility (QF) does not have a private right of action against a utility company...more

Holland & Knight LLP

North Carolina’s Court of Appeals Affirms that Power Purchase Agreements are Impermissible in the State

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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

Akin Gump Strauss Hauer & Feld LLP

Rooftop Solar Provider Held to be a “Public Utility” in North Carolina

On September 19, 2017, the Court of Appeals of North Carolina (“Court”) held that companies that install solar panels on customer rooftops are “public utilities” under state law, at least when they retain ownership of the...more

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

Is an Entity Supplying and Operating Solar Panels for an Unrelated Facility a Public Utility? North Carolina Appellate Court...

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

Nossaman LLP

No Good Public Policy Goes Unpunished: Superior Court Challenge to Utility's Implementation of CPUC General Order 156 Moves...

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The California Public Utilities Commission (“CPUC”) is a state agency vested with considerable constitutional and statutory powers. Historically, the CPUC has wielded these powers primarily in pursuit of its traditional...more

Womble Bond Dickinson

N.C. Court of Appeals Denies Bid to Return Water/Sewer "Impact Fees"

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Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more

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