News & Analysis as of

Federal Energy Regulatory Commission PURPA Appeals

Foley & Lardner LLP

D.C. Circuit Affirms FERC’s Broadview Ruling on Remand – A Big Win for Solar + Storage

Foley & Lardner LLP on

On September 9, 2025, in a closely watched case for the solar and other renewable power industries, the U.S. Court of Appeals for the D.C. Circuit upheld the Federal Energy Regulatory Commission’s certification of the...more

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

Public Utility Regulatory Policies Act: Federal Appellate Court Addresses Subject Matter Jurisdiction

The United States Court of Appeals for the 10th Circuit (“10th Circuit”) addressed in a June 28th Opinion an issue involving the Public Utility Regulatory Policies Act (“PURPA”). See Solar v. City of Farmington, No. 20-2028,...more

Bracewell LLP

FERC Offers Limited Clarifications on its PURPA Reform Order

Bracewell LLP on

By a November 19, 2020 Order on Rehearing, the Federal Energy Regulatory Commission (“FERC” or “Commission”) clarified a discrete set of issues arising from its landmark July 2020 order (“Final Rule”) modifying the...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

Wilson Sonsini Goodrich & Rosati

Sixth Circuit Affirms Bankruptcy Courts’ Jurisdiction over Rejection of Energy Contracts, Subject to Certain Constraints

On December 12, 2019, a divided panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the bankruptcy court in the bankruptcy proceedings of FirstEnergy Solutions Corp. (FES) has jurisdiction to decide whether...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

Eversheds Sutherland (US) LLP

Eighth Circuit Upholds FERC Rule on Co-op Avoided Cost Rates

The U.S. Court of Appeals for the Eighth Circuit has upheld the long-standing determination by the Federal Energy Regulatory Commission (FERC) that the avoided cost rate paid by a distribution cooperative for energy purchased...more

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