FERC Archives - Legal Planet

FERC

Reviewing Agency Indecision

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

A case decided by the Third Circuit on Dec. 1 is important for two reasons. It clarifies a puzzling procedural rule applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator. Since you’re probably more interested in the second point than …

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Reviewing Agency Indecision

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

A case decided by the Third Circuit last week is important for two reasons. It clarifies an important procedural issue applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator. Since you’re probably more interested in the second point than the …

Continue reading “Reviewing Agency Indecision”

Can Sunshine Lower Sky-high Gas Prices?

Gov. Newsom and lawmakers think transparency can lower gas prices at the pump. What about transparency for the price of natural gas?

Calls are growing for more transparency in California’s energy markets. Gov. Gavin Newsom just signed his bill shining a light on gas prices at the pump. But when it comes to the recent surge in natural gas prices that jolted electricity and gas bills this winter, the next step is murkier. Regulators at the California …

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Two FERC Cases and Why They Matter

Last week’s D.C. Circuit cases illustrate why environmental lawyers need to understand FERC.

The Federal Energy Regulatory Commission (FERC) has been called the most important environmental agency that no one has heard of. At the end of last week, the D.C. Circuit decided two undramatic FERC cases that illustrate FERC’s environmental significance. One involved a bailout to coal and nuclear plants, the other involved water quality. The first …

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Pipelines, Emissions and FERC

From now on, carbon emissions from new pipelines will be one of FERC’s key concerns.

On Friday there were two seismic shocks in the world of gas pipeline regulation. FERC has spent years resisting pressure to change the way it licenses new gas pipelines. A whole point of a natural gas pipeline is to deliver the gas to users who will burn it, thereby releasing CO2 into the atmosphere. FERC …

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Smoothing the Path for Transmission Lines

Fights over who should pay for power lines may become much easier to solve.

New high-power transmission lines have to run a regulatory gauntlet to get approved. One of the biggest barriers, however, isn’t about whether the line can be built but who will pay for it. That has turned out to be a much knottier problem than you might think. A decision by the D.C. Circuit on Friday, …

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A Sleeper Provision in the Senate Infrastructure Bill

The bill gives the Feds broad authority to authorize transmission projects.

We will need a much more robust transmission in coming years. Sources of renewable energy, such as Iowa wind farms, are often located far from the urban centers that need the power. Transmission also helps to deal with weather issues that may impact renewables: even if it’s too cloudy for solar in one state, the …

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Carrots and Sticks for Utilities

Utilities control a lot of the power system. How can we get their support for the energy transition?

Investor-owned utilities supply almost three-quarters of U.S. electricity. With some notable exceptions, they’ve tended to drag their feet on the energy transition. In order to push the transition forward, we need to get them on board. This post will try to diagnose the problem and sketch some possible remedies. The proposed Clean Energy Standard is …

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Time to End FERC’s Misguided Effort to Fix Wholesale Power Prices

A FERC ruling tilts the playing field against renewable energy. It should be repealed.

In 2018, the Federal Energy Regulatory Commission (FERC) decided that state clean energy policies were distorting energy markets operated by PJM, the country’s largest grid region. That, at least, was the view of the Commissioners who were appointed by Republican presidents. PJM, which runs the electricity grid more or less from Chicago to Maryland, has …

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Downstream Emissions

A new court ruling could doom the Trump Administration’s ANWR plan.

A Ninth Circuit ruling yesterday overturned approval of offshore drilling in the Arctic. The ruling may directly impact the Trump Administration’s plans for oil leasing in the Arctic National Wildlife Refuge (ANWR). By requiring agencies to consider emissions when fossil fuels are ultimately burned, the Court of Appeal’s decision may also change the way that …

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A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

FERC

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

Gov. Newsom and lawmakers think transparency can lower gas prices at the pump. What about transparency for the price of natural gas?

Last week’s D.C. Circuit cases illustrate why environmental lawyers need to understand FERC.

From now on, carbon emissions from new pipelines will be one of FERC’s key concerns.

Fights over who should pay for power lines may become much easier to solve.

The bill gives the Feds broad authority to authorize transmission projects.

Utilities control a lot of the power system. How can we get their support for the energy transition?

A FERC ruling tilts the playing field against renewable energy. It should be repealed.

A new court ruling could doom the Trump Administration’s ANWR plan.

TRENDING

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.