News & Analysis as of

Summary Judgment Utilities Sector

McGlinchey Stafford

Federal Court Finds Public Service Providers Do Not Qualify as Debt Collectors Under FDCPA

McGlinchey Stafford on

A federal Judge for the United States District Court for the Northern District of Oklahoma recently granted the motions of several public entities to dismiss the amended complaint of a pro se plaintiff who brought claims...more

Pillsbury - Policyholder Pulse blog

Ebasco Choice of Law: A Decision Half a Century in the Making

Following the breakup of large utility holding companies by trust busters in the 1930s, General Electric created Ebasco (Electric Bond and Share Company), a construction company and consultancy that, among other things,...more

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

Sewer System Repairs/Exaction: Arkansas Supreme Court Addresses City of Blytheville Fee

The Arkansas Supreme Court in a February 6th opinion addressed whether a $5.00 fee assessed by the City of Blytheville, Arkansas (“Blytheville”) constituted an illegal exaction in violation of the Arkansas Constitution. See...more

Holland & Knight LLP

The Light Shines for CA QFs: The Ninth Circuit Finds PURPA Preempts CA Renewable Energy Program

Holland & Knight LLP on

On July 30, 2019, a Ninth Circuit Court of Appeal panel unanimously held that the federal Public Utility Regulatory Policy Act (PURPA) preempts two components of California's Renewable Market Adjusting Tariff (Re-MAT)...more

Verrill

Pipeline Appeals Grant of Summary Judgment to South Portland Regarding Its Ban on Marine Loading of Crude Oil

Verrill on

Judge Woodcock of the U.S. District Court in Portland, finding that the South Portland’s Clear Skies Ordinance (the Ordinance) was neither a “preempted pipeline facility safety standard or a discriminatory ordinance enacted...more

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

Stormwater Utility Ordinance: U.S. District Court Addresses Whether Assessment Violates Railroad Revitalization and Regulatory...

A United States District Court (Western District Virginia)in a December 26th Memorandum Opinion (“Opinion”) addressed a challenge to a stormwater utility ordinance assessment. See Norfolk Southern Railway Company v. City of...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Finds California PURPA Programs Non-Compliant

In a decision issued last week, the U.S. District Court for the Northern District of California granted summary judgment in favor of Winding Creek Solar LLC (“Winding Creek”). Winding Creek had alleged that certain California...more

Perkins Coie

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

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