News & Analysis as of July 30, 2025

Appeals

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

Vinson & Elkins LLP on 7/14/2025

On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Will the Supreme Court Say “Farewell” to the Chevron Doctrine?

Spilman Thomas & Battle, PLLC on 10/20/2023

The Chevron Doctrine -- what is often referred to as “Chevron deference” – is based on the precedent set by the Supreme Court about four decades ago, which some argue has overly empowered the administrative state (the full...more

Looking Beyond the Supreme Court's Eminent Domain Decision in PennEast

Holland & Hart LLP on 8/27/2021

On June 29, the United States Supreme Court issued its decision in PennEast Pipeline Co., LLC v. New Jersey. PennEast presented the question of whether a private company could condemn a pipeline right-of-way across...more

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

Flaster Greenberg PC on 5/26/2021

The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

Supreme Court to Decide Eminent Domain Case

Foley Hoag LLP - Energy & Climate Counsel on 2/9/2021

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more

Currents - Energy Industry Insights - September 2018 #2

Spilman Thomas & Battle, PLLC on 9/14/2018

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Currents - Energy Industry Insights - September 2017#2

Spilman Thomas & Battle, PLLC on 9/16/2017

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Environmental Case Law Update

Pillsbury Winthrop Shaw Pittman LLP on 10/17/2016

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

Pillsbury Winthrop Shaw Pittman LLP on 8/4/2016

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Supreme Court Questions FERC Authority to Regulate Electricity Market Demand Response to Bolster Grid Reliability

Moore & Van Allen PLLC on 10/20/2015

Ensuring the reliability of the electric power grid in times of extreme weather and other times of peak usage is critical to avoid interruptions in power and black outs. Reflecting on the 2014 Polar Vortex, the paramount...more

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Supreme Court of the United States › Federal Energy Regulatory Commission › Appeals

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