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Utility Rates Appeals

Perkins Coie

Water District Rate Increases Violated Proposition 218

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A court of appeal invalidated a water district’s adopted rate increases, concluding that the district failed to meet its burden under Proposition 218 of establishing that the increases did not exceed the cost of providing the...more

Perkins Coie

Municipal Water Rates are Protected from Referendum Challenges

Perkins Coie on

The California Supreme Court ruled that water rates and other local utility charges are considered “taxes” for the purpose of California Constitution Article II, Section 9 and therefore exempt from the referendum process....more

Morgan Lewis

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

Morgan Lewis on

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

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Concludes Again That FERC Has the Authority to Correct Its Own Errors

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission (FERC or the “Commission”),1 holding that FERC has the authority to...more

Snell & Wilmer

Arizona Supreme Court Affirms Corporation Commission’s Constitutional Authority

Snell & Wilmer on

The Arizona Supreme Court has affirmed the broad constitutional powers of the Arizona Corporation Commission, in an opinion issued on August 8, 2016. The decision comes in Residential Utility Consumer Office v. Arizona...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

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