| 25-438 |
Pacific Gas & Electric Company, et al. v. Federal Energy Regulatory Commission |
Ninth Circuit |
2025-10-09 |
Pending |
Response Waived |
federal-power-act ferc-jurisdiction interstate-transmission preemption regional-transmission-organization utility-incentives |
Regional transmission organizations ("RTOs") operate the interstate electricity grid independently. Congress in the Federal Power Act ("FPA") mandated… |
| 24-1318 |
American Electric Power Service Corporation v. Federal Energy Regulatory Commission, et al. |
Sixth Circuit |
2025-06-26 |
Denied |
|
energy-law federal-power-act interstate-transmission preemption regional-transmission-organization utility-regulation |
Regional transmission organizations ("RTOs") operate the interstate electricity grid independently, to foster competition, improve reliability, and lo… |
| 23-1069 |
Public Utilities Commission of Ohio v. Federal Energy Regulatory Commission, et al. |
Third Circuit |
2024-04-01 |
Denied |
|
administrative-law agency-action agency-deference energy-regulation federal-power-act ferc ferc-review judicial-deference majority-vote statutory-interpretation wholesale-electricity |
Should courts apply the same deferential standard of review that they apply to rules that become effective by order of the Federal Energy Regulatory C… |
| 23-773 |
Electric Power Supply Association v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2024-01-17 |
Denied |
|
federal-power-act ferc independent-system-operators public-utilities public-utility rate-regulation regional-transmission-organization regional-transmission-organizations wholesale-electricity |
The Federal Power Act, 16 U.S.C. § 824 et seq, establishes the framework for federal regulation of the electric power industry. Its fundamental premis… |
| 23A403 |
Electric Power Supply Association, et al. v. Federal Energy Regulatory Commission |
District of Columbia |
2023-11-03 |
Presumed Complete |
|
capacity-market federal-power-act ferc market-design public-utility rate-setting |
Whether capacity market offers—and, by extension, any offer by a public utility into one of the many auction-based markets overseen by FERC—are "rates… |
| 22-743 |
Nevada Irrigation District, et al. v. California State Water Resources Control Board, et al. |
Ninth Circuit |
2023-02-08 |
Denied |
Amici (1) |
certification-request clean-water-act federal-power-act ferc ninth-circuit regulatory-review state-jurisdiction state-waiver water-discharge water-quality-certification |
Whether California "fail[ed] or refuse[d] to act" on petitioners' requests within one year as Section 401 requires by establishing the withdraw-andref… |
| 19-6967 |
Michael E. Boyd, et al. v. California Public Utilities Commission, et al. |
Ninth Circuit |
2019-12-17 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-authority circuit-split commerce-clause conflicting-circuit-authority declaratory-and-injunctive-relief federal-power-act prevailing-party-attorney-fees public-utility-regulatory-policies-act purpa remedies statutory-interpretation |
1. There is an important issue of law as to the scope of the remedies available
for violations of the Public Utility Regulatory Policies Act ["PURPA"]… |
| 18-983 |
City of Mackinac Island, Michigan, et al. v. Federal Energy Regulatory Commission |
District of Columbia |
2019-01-29 |
Denied |
|
administrative-law agency-deference chenery-doctrine federal-power-act judicial-review regulatory-agency retroactive-rate-increase retroactive-rate-increases statutory-construction |
Does the prohibition against retroactive rate increases, Ark. La. Gas Co. v. Hall, 453 U.S. 571 (1981), FPC v. Tenn. Gas Trans. Co., 371 U.S. 145, 152… |
| 18-879 |
Electric Power Supply Association, et al. v. John B. Rhodes, et al. |
Second Circuit |
2019-01-09 |
Denied |
Amici (2) |
energy-regulation federal-power-act ferc ferc-preemption just-and-reasonable-rates market-based-auctions preemption state-subsidies wholesale-electricity wholesale-electricity-markets |
The question presented is whether the FPA preempts only state subsidies that explicitly require a wholesale generator to sell its output in FERC appro… |
| 18-868 |
Electric Power Supply Association, et al. v. Anthony M. Star, et al. |
Seventh Circuit |
2019-01-08 |
Denied |
Amici (1)Response Waived |
auction-rates federal-power-act ferc ferc-jurisdiction just-and-reasonable-rates market-rates preemption preemption-doctrine state-subsidies wholesale-electricity wholesale-electricity-markets |
The question presented is whether the FPA preempts only state subsidies that explicitly require a wholesale generator to sell its output in FERC appro… |
| 18-153 |
Louisiana Public Service Commission v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2018-08-03 |
Denied |
Amici (1) |
administrative-law cost-allocation energy-regulation federal-power-act ferc ferc-ratemaking ferc-refund-policy holding-company-cost-allocation preemption rate-making ratemaking refund regulatory-policy state-ratemaking supremacy-clause |
1. Given this Court's holdings that the Federal Power Act ("FPA") preempts inconsistent state ratemaking and requires state agencies to treat cost all… |