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Order 1000 Upheld on Appeal: A Closer Look at the Good News for Clean Energy

August 23, 2014 by NRDC Switchboard
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In finding all of the challenges to FERC Order 1000’s public policy-related provisions “without merit” in it's ruling, the D.C. Circuit Court embraced Order 1000’s role in integrating renewable energy like wind and solar power onto the electrical grid.[read more]

Court Upholds FERC Order 1000: Major Victory for Clean Energy and Consumers

August 19, 2014 by NRDC Switchboard

A federal court upheld in its entirety the Federal Energy Regulatory Commission’s groundbreaking electric grid planning rule known as Order 1000. The unanimous decision of the U.S. Court of Appeals for the D.C. Circuit is a major win for clean energy, the environment, and consumers.[read more]

Will the EPA's New Carbon Rule Survive Judicial Challenge?

July 16, 2014 by Edward Dodge
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Carbon Rules and Court Challenges

The Environmental Protection Agency (EPA) recently proposed new carbon emission standards for fossil fuel power plants under the Clean Air Act (CAA). The rules for new-build power plants fall under Section 111(b) and are known as the New Source Performance Standards (NSPS).[read more]

U.S. Supreme Court Narrows Greenhouse Gas Rules: What It Means for the U.S. Climate Agenda

June 25, 2014 by James Coleman

​In their recent ruling Utility Air Regulatory Group v. EPA, the Supreme Court struck down a portion of the United States’ first regulations for greenhouse gas emissions from industrial sources. This is the first Supreme Court decision on EPA’s authority to regulate greenhouse gases from industrial sources.[read more]

Supreme Court Backs Carbon Pollution Controls, Again

June 25, 2014 by David Doniger

Building on two prior decisions affirming the Environmental Protection Agency’s authority to set carbon pollution standards, the Supreme Court recently held that the core provision of the Clean Air Act’s permitting requirements also applies to carbon pollution.[read more]

Greenpeace v. Canada: Symbolic Blow to the Nuclear Industry, Game-Changer for Everyone Else?

June 18, 2014 by Martin Olszynski
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In a rather lengthy (431 paragraphs) decision, the Federal Court of Canada agreed with Greenpeace and other environmental groups that portions of the Joint Review Panel report for the Darlington New Nuclear project proposed by Ontario Power Generation were inadequate.[read more]

FERC's Demand Response Strategy Hits a Snag: D.C. Circuit Vacates Order 745 in Electric Power Supply Association v. FERC

June 10, 2014 by Sharon Jacobs

Demand response is the reduction of electricity use in response to a price signal. In other words, customers are paid not to consume energy. Demand response has been called the sale of “negawatts,” although the phrase is an imperfect description of the actual transaction.[read more]

EPA Proposes New Power Plant Emissions Standards

June 8, 2014 by Tom Schueneman

EPA Plant Standards

In the 2007 case Massachusetts v. EPA, the Supreme Court ruled that the EPA had authority and obligation to regulate greenhouse gas emissions from vehicles. The decision also required the EPA to regulate these gasses unless it could provide a specific scientific basis for refusing such action.[read more]

What the Court Decision on FERC Order 745 Means for Demand Response

May 31, 2014 by Katherine Tweed
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Demand response was dealt a legal blow last Friday when the United States Court of Appeals in Washington, D.C. vacated the Federal Energy Regulatory Commission’s Order 745 in a 2-1 decision, stating that FERC has gone too far.[read more]

State Energy Policy and the Commerce Clause: Spotlight on Colorado and Minnesota

May 26, 2014 by James Coleman

Within the past month, two federal district courts in Colorado and Minnesota have issued important decisions on the constitutionality of state clean energy policies. Both cases raised the same issue: whether state laws regulate extraterritorially in violation of the dormant Commerce Clause of the Constitution.[read more]

The Supreme Court's Air Pollution Decision Is Wrong, But Don't Blame The Court

May 2, 2014 by Brian H. Potts
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The Obama administration’s war on coal scored a big win in the U.S. Supreme Court on Tuesday. Six of the Court’s nine justices went out of their way to uphold the U.S. Environmental Protection Agency’s far-reaching Cross-State Air Pollution Rule.[read more]

Federal Court Strikes Down Minnesota's Limits on Coal Power Imports: A Critical Moment for State Regulation of Imported Fuel & Electricity

April 24, 2014 by James Coleman

On April 18, the U.S. District Court for the District of Minnesota struck down the State of Minnesota’s restrictions on importing electricity from coal power plants in other states. The court held that these restrictions improperly regulated electric generators and utilities outside the state.[read more]

Court Rules for Cape Wind, Ending a Decade of Failed Opposition

March 20, 2014 by Lewis Milford
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If you are an environmental lawyer, there is nothing more deflating than reading a judge's decision that clinically rejects all your best arguments. But this time, it is that kick-in-the-stomach feeling that the lawyers for the opponents of the Cape Wind must have felt when they read Judge Walton's decision last Friday.[read more]

Victory for the Arctic Ocean: No Drilling Next Summer or Maybe Ever

February 5, 2014 by Frances Beinecke

Drilling in the Arctic

Yesterday Shell Oil announced it will not be drilling for oil off the coast of Alaska this summer. This follows on the heels of a federal court ruling that the Bush administration underestimated the potential for oil spills and other hazards when it decided to issue oil leases off Alaska’s remote north coast.[read more]

Natural Gas Loses to Solar Energy on Costs, A First

January 9, 2014 by Lewis Milford
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For those who already think natural gas will win out over renewable power, a judge has said, not so fast. In what may be the first time a U.S. solar power project has been declared cost-competitive against natural gas in a competitive bidding process, a judge has said solar is cheaper than natural gas.[read more]