US Court of Appeals to Hear Arguments Regarding Clean Power Plan on Tuesday
Posted on Sep 26, 2016 in Climate Change, Environmental, Legislative & Politics, Litigation | Comments Off on US Court of Appeals to Hear Arguments Regarding Clean Power Plan on Tuesday
The United States Court of Appeals for the District of Columbia will hear arguments regarding the EPA’s Clean Power Plan on Tuesday, September 27. Twenty-six states have joined West Virginia to challenge the Plan, which requires states to cut greenhouse gas emissions by a cumulative 32 percent from 2005 to 2030. Leading the plaintiffs is the West Virginia Attorney General, Patrick...
NRECA Joins PJM Seeking Shutdown of FERC Floor Price Dispute
Posted on Aug 25, 2016 in Litigation | Comments Off on NRECA Joins PJM Seeking Shutdown of FERC Floor Price Dispute
The NRECA has joined with PJM Interconnection LLC (PJM) and other utility groups to back the changes by the Federal Energy Regulatory Commission (“FERC”) to the PJM proposal dealing with artificial price suppression on the grid. PJM asked the D.C. Circuit to deny the grid’s power providers challenge to the plan. PJM said Monday that it is fine with FERC’s changes and, therefore, the...
EPA Denies Request to Reconsider MATS Startup-Shutdown Rules
Posted on Aug 9, 2016 in Environmental, Litigation, Regulation & Policy | Comments Off on EPA Denies Request to Reconsider MATS Startup-Shutdown Rules
Last Friday the U.S. Environmental Protection Agency (EPA) denied a petition filed by environmental groups requesting that the EPA reconsider changes it had made to its Mercury and Air Toxics Standards (MATS) rule. The specific regulations at issue, which are now final, allowed certain operators of plants more flexibility in compliance monitoring and testing during startup and...
Following Halo Decision, Power Meter IP Suit Settles
Posted on Jul 19, 2016 in Litigation | Comments Off on Following Halo Decision, Power Meter IP Suit Settles
Denton County Electric Cooperative Inc. and other energy companies have settled patent infringement allegations (subscription required) involving power meters following the Supreme Court’s June Halo Electronics, Inc. v. Pulse Electronics, Inc. decision.
Appellate Court Upholds FERC Ruling Regarding “Right of First Refusal”
Posted on Jul 8, 2016 in Litigation, Regulation & Policy | Comments Off on Appellate Court Upholds FERC Ruling Regarding “Right of First Refusal”
The U.S. Court of Appeals for the D.C. Circuit upheld a rule preventing utilities from relying on a “right of first refusal” for transmission projects in Southwest Power Pool’s region, opening up competitive bidding. Oklahoma Gas & Electric Co. and other utilities sued the Federal Energy Regulatory Commission (FERC) in December 2014, arguing that it gave up some transmission...
Federal Appellate Court Overturns Minnesota Law Restricting Imported Power
Posted on Jul 8, 2016 in Legislative & Politics, Litigation | Comments Off on Federal Appellate Court Overturns Minnesota Law Restricting Imported Power
The 8th U.S. Circuit Court of Appeals upheld a decision finding that a Minnesota law that prohibited sales of coal-based generation into a regional market violated federal statutes and interfered with interstate commerce. Basin Electric Power Cooperative and Minnkota Power Cooperative argued that the law had detrimental impacts on power generators across the Midwest but may now serve...
Virginia Coop’s Permitting Dispute Drags On
Posted on May 19, 2016 in Environmental, Litigation, Permitting, Project Development, Regulation & Policy | Comments Off on Virginia Coop’s Permitting Dispute Drags On
A Pennsylvania environmental appeals board recently denied Old Dominion Electric Cooperative’s motion for summary judgment in a permitting dispute related to a proposed gas-fired plant, citing the importance of a factual question—whether water discharged into a river after being used as coolant for the plant might end up in a local water authority’s intakes.
Federal Judge Dismisses Lawsuit against Alabama Cooperative
Posted on Apr 1, 2016 in Litigation | Comments Off on Federal Judge Dismisses Lawsuit against Alabama Cooperative
A federal judge dismissed a class action suit against Arab Electric Cooperative brought by its members for failing to refund profits back to members, as required by state law. The judge ruled that, because the cooperatives have contracts with the Tennessee Valley Authority (TVA) that restrict the cooperatives in terms of changing rates, the cooperatives cannot independently reduce...
Sixth Circuit Agrees to Review EPA’s Waters of the United States Rule
Posted on Mar 4, 2016 in Climate Change, Environmental, Legislative & Politics, Litigation, Regulation & Policy | Comments Off on Sixth Circuit Agrees to Review EPA’s Waters of the United States Rule
The U.S. Court of Appeals for the 6th Circuit has agreed to review EPA’s Waters of the U.S. rule. The controversial rule has been criticized on the grounds that it would extend EPA’s regulatory authority to small streams and dry creek beds. According to Dorothy Kellogg, NRECA senior principal, the rule will result in more expensive permits for coops attempting to maintain or construct...
High Court Rejects Bid to Stay Mercury Air Toxics Rule
Posted on Mar 4, 2016 in Climate Change, Environmental, Legislative & Politics, Litigation, Regulation & Policy | Comments Off on High Court Rejects Bid to Stay Mercury Air Toxics Rule
On Thursday, the U.S. Supreme Court rejected a request to stay the EPA’s Mercury and Air Toxics Standards rule. The rule, which requires coal-fired power plants to greatly reduce mercury and other toxic emissions, was struck down in June because the EPA had not considered the $1 billion cost of imposing the rule. The D.C. Circuit left the original rule in place, however, while the EPA...
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