News & Analysis as of

Preemption Supreme Court of the United States Energy Sector

Mintz

Colorado Supreme Court Allows Climate Tort Litigation to Proceed

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On May 12, 2025, in a 5-2 decision, the Colorado Supreme Court held that the tort claims brought by local governments in Colorado against major fossil fuel companies concerning damages stemming from climate change could...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Stinson LLP

Supreme Court Hands FERC Win on Authority Over Capacity Markets

Stinson LLP on

With its decision on Tuesday, April 20 in Hughes v. Talen Energy Marketing, the Supreme Court issued its second significant holding of the year on the reach of federal authority over interstate wholesale sales markets. The...more

Ballard Spahr LLP

Supreme Court Affirms Invalidation of Maryland's Program to Incentivize New Power Generation

Ballard Spahr LLP on

The U.S. Supreme Court, in a narrowly crafted opinion by Justice Ginsburg, has unanimously invalidated Maryland's program to promote construction of new natural gas capacity by guaranteeing new generating capacity. The...more

Holland & Knight LLP

Supreme Court Confirms State Limits on Wholesale Power Generation - Federalism vs. States' Rights Again at Issue in Court's Third...

Holland & Knight LLP on

The U.S. Supreme Court on April 19, 2016, issued its decision in the third and final energy case this term. In Hughes v. Talen Energy Marketing, et al., the Court clarified the Federal Energy Regulatory Commission's (FERC)...more

WilmerHale

Energy Sector Alert Series: Appellate Courts Hearing More Energy Cases

WilmerHale on

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

Orrick, Herrington & Sutcliffe LLP

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

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