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Texas Requests Fifth Circuit Review of US EPA Action

On Wednesday, Texas asked the Fifth Circuit to review an Environmental Protection Agency (EPA) decision requiring it to tighten air pollution regulations governing large industrial pollution sources, including power plants.  The EPA’s decision was based on the finding that portions of Texas’s previously approved state implementation plan do not meet the requirements of the Clean Air...

House Passes Bill to Delay EPA Greenhouse Gas Rule

The U.S. House of Representatives passed a bill on June 24, for which the NRECA has voiced support, that would delay implementation of the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan until after courts have determined its legality.  To read more about the bill click here.

Arkansas Electric and Others Seek Intervention in Suit over Haze Abatement Plan

The Environmental Protection Agency (EPA) in March settled a suit with environmental group Sierra Club over an Arkansas Department of Environmental Quality haze plan required by federal law.  A coalition of companies, including Arkansas Electric Cooperative Corp. and Entergy Arkansas, has filed a motion to intervene in the suit that has already settled.  Click here for more.

Legal Alert: Power Surge: TCPA Litigation and the Energy Industry

Few industries have been spared from the recent wave of class actions filed under the Telephone Consumer Protection Act (“TCPA”). The energy sector is no exception. TCPA cases against electricity and natural gas providers are on the rise with more than half a dozen such cases filed in 2015 in federal courts in Texas, New York, Ohio, Florida, California, and other states, in addition to...

Minnesota Supreme Court Upholds Strict Interpretation of State’s “Buy the Farm” Law

Great River Energy will be required to purchase 218.85 acres of land on which it will construct transmission lines, rather than the 8.86 acre strip it wished to purchase, a recent Minnesota Supreme Court decision held.  The decision was based on the state’s “Buy the Farm” statue, which requires utility companies to buy out property owners upon request when building power lines.  Click...

Utility Groups Urge Eighth Circuit to Uphold Ruling against Minnesota’s NGEA

Passed in 2007, in an effort to combat climate change, Minnesota’s Next Generation Energy Act (NGEA) prohibits any new power sources that, after offsetting reductions elsewhere, produce or supply 50 or more MWs and increase carbon dioxide emissions from being added to Minnesota’s energy mix.  Utility groups claim that the law violates the dormant Commerce Clause by extending the...

Supreme Court Agrees to Review Significant EPA Rule

The U.S. Supreme Court has agreed to review the new power plant emissions caps of the Environmental Protection Agency (EPA).  The suit was brought by industry trade groups and almost two dozen states, who argued that the EPA did not adequately consider the costs associated with complying with this regulation.  The immediate effect of any ruling in this case may be limited, as utilities...

WAPA Settles with FERC and NERC over Blackout

The Western Area Power Administration (WAPA), a regional power marketer, has reached a settlement with the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) over a 2011 blackout. FERC alleged that WAPA’s Desert Southwest Region was operating its portion of the transmission system outside of voltage limits when a 500-kilovolt line...

Minnesota Jury Rules in Favor of Dairy Farmers

A jury has awarded the owners of a family farm near Pine River, Minnesota damages based on claims against a local electric cooperative.  The family claimed that stray voltage caused issues with its dairy cows.  To read more please click here.

Power Company Settlement Ends Obstacle to Large Florida Development

The developers of Babcock Ranch (Babcock) in Florida have reached a settlement with two utility providers, including Lee County Electric Cooperative (LCEC), which will allow developers to break ground on the development. The dispute arose over a proposal by the Babcock Ranch Community Independent Special District to create its own power utility for the planned development.  LCEC, which...

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