Tuesday, May 27, 2014

Recent U.S. Appeals Court Cases

<> Center for Biol. Diversity v. U.S. EPA - 5/27/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1238. Petitioners claim that EPA's failure to issue a new multi-pollutant rule in 2012, violated the Clean Air Act. EPA explained at length that the uncertainty it faced was unusually profound. Petitioners question that conclusion, but as between petitioners' critique and EPA's scientific analysis, EPA's judgment prevails -- "the petition for judicial review is denied."

<> Electric Power Supply Assoc. v. FERC - 5/23/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 11-1486, consolidated with 11-1489, 12-1088, 12-1091, 12-1093. Electric Power Supply Association and four other energy industry associations petition the court for review of a FERC final rule that seeks to incentivize retail customers to reduce electricity consumption when economically efficient. Petitioners say the new rule goes too far, encroaching on the states' exclusive jurisdiction to regulate the retail market. The Panel agreed and vacated the rule in its entirety.