News & Analysis as of

Judicial Review Energy Sector

Harris Beach Murtha PLLC

NY Judge Sides with Harris Beach Murtha Client in CLCPA Challenge

A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more

Goldberg Segalla

Supreme Court Cuts Down ‘Judicial Oak’ of NEPA; Energy and Infrastructure Developments Projected to Increase

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The U.S. Supreme Court has ruled that agencies preparing an Environmental Impact Statement (EIS) under the guidance of the National Environmental Policy Act (NEPA) need only to consider the environmental effects of the...more

Vinson & Elkins LLP

FERC Settles Decade-Old Enforcement Allegations

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In 2016, a new play called Hamilton was dominating Broadway, Pokémon Go was all the rage, and the Summer Olympics were held in Rio. Also that year, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued an...more

BCLP

NSIP Planning: What’s Changed in 2024 and On the Horizon for 2025?

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2024 has been a year with a continued focus on the Nationally Significant Infrastructure Planning (‘NSIP’) planning regime by both the predecessor and current government. Reforms to make the regime faster and more effective...more

BCLP

Renewable Energy Case Update 2022

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As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

Holland & Knight LLP

Courthouse Doors Open for Legal Challenges of California Power Plant Siting Approvals

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The California Court of Appeal for the First Appellate District has struck down a state law that limited judicial review of California Energy Commission (CEC) thermal power plants siting approvals to the California Supreme...more

Perkins Coie

Law Restricting Judicial Review of Thermal Power Plant Licensing Decisions Ruled Unconstitutional

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The First District Court of Appeal held that Public Resources Code section 22531 unconstitutionally restricted judicial review of licensing decisions by the Energy Resources Conservation and Development Commission regarding...more

Bricker Graydon LLP

[Webinar] Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?...

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Bricker attorneys Frank Merrill and Christine Rideout Schirra will be presenting 'Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?' for the Institute of...more

Foley Hoag LLP - Environmental Law

The Wehrum Memo Still Isn’t Final Agency Action

The D.C. Circuit Court of Appeals has denied the petition for rehearing in the “once in, always in” case. It was a one sentence order. Judge Rogers, who dissented from the original panel opinion, dissented from the denial....more

Bennett Jones LLP

Trans Mountain: Did the Crown Adequately Discharge Its Duty to Consult?

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On September 4, 2019, the Federal Court of Appeal released its reasoned decision to partly grant leave to start applications for judicial review of the Governor in Council's approval of the Trans Mountain Pipeline expansion...more

Akin Gump Strauss Hauer & Feld LLP

Congress Passes Energy Legislation on FERC’s Merger Review and Judicial Review of FERC Inaction on Rate Filings

The U.S. Senate and House of Representatives recently passed legislation regarding the Federal Energy Regulatory Commission’s (FERC or Commission) review of certain transactions as well as judicial review of rate changes that...more

Perkins Coie

Court of Appeal Decision on Power Plant Licensing May Open Door to Expanded Judicial Review of Licensing Decisions

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In Communities for a Better Environment v. State Energy Resources Conservation and Development Commission, 19 Cal. App. 5th 725 (2017), the First District Court of Appeal reversed the trial court’s conclusion that a challenge...more

Akin Gump Strauss Hauer & Feld LLP

Update on Environmental Regulations Impacting the Power Sector – Litigation May Create Uncertainty

As the electric power industry considers the options for compliance with an unprecedented suite of new environmental requirements, it faces continued uncertainty as to the fate of some of the most significant new regulations....more

Bennett Jones LLP

Supreme Court Clarifies Limits on Tribunal Participation in Reviews of Its Own Decisions

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In an increasingly regulated world, governments have established a litany of administrative tribunals to oversee and administer complex regulatory schemes. Often, applying their specialized expertise, such tribunals...more

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