| 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… |
| 23A731 |
Public Utilities Commission of Ohio v. Federal Energy Regulatory Commission, et al. |
Third Circuit |
2024-02-07 |
Presumed Complete |
|
administrative-law agency-action capacity-auctions ferc judicial-review state-subsidies |
When an agency deadlocks over a decision, and Congress tells courts that a deadlock is agency action that is reviewable in court, should a court faced… |
| 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… |
| 22-256 |
Cletus Woodrow Bohon, et al. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2022-09-19 |
GVR |
Amici (1)Relisted (2) |
delegation district-court eminent-domain ferc non-delegation private-parties |
Whether a facial challenge to Congress's delegation of eminent domain power to private parties is properly filed in district court, as this Court held… |
| 21-1064 |
Louisiana Public Service Commission v. Federal Energy Regulatory Commission |
District of Columbia |
2022-02-01 |
Denied |
Response Waived |
administrative-law administrative-procedure contract energy energy-law ferc ferc-regulation judicial-review mobile-sierra-doctrine settlement settlement-contract tariff-interpretation |
1. When all parties to a proceeding at the Federal Energy Regulatory Commission ("FERC") enter a contract of settlement that provides for the filing o… |
| 19-1039 |
PennEast Pipeline Company, LLC v. New Jersey, et al. |
Third Circuit |
2020-02-20 |
Judgment Issued |
CVSGAmici (21)Response RequestedResponse WaivedRelisted (3) |
certificate-of-public-convenience constitutional-law eminent-domain federal-power ferc interstate-pipeline natural-gas-act state-property |
Whether the NGA delegates to FERC certificate holders the authority to exercise the federal government's eminent domain power to condemn land in which… |
| 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… |