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October 5, 2024

Supreme Court of the United States (SCOTUS)

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PURPA Case Offers FERC Early Glimpse of Post-Chevron World
FERC is getting an early taste of life without Chevron deference after the Supreme Court remanded a case involving the Public Utility Regulatory Policies Act back to an appeals court.
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Phillips, Christie Debate Loper Bright’s Impact on FERC Order 1920
The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo is already making waves in the rehearing process on FERC Order 1920.
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Supreme Court Ends Chevron Deference to Administrative Agencies
The U.S. Supreme Court overturned the doctrine of Chevron deference to federal agencies in interpreting statutes when issuing rules, ending 40 years of legal precedent.
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Supreme Court Grants Pause of EPA Good Neighbor Rule
In a 5-4 decision, the U.S. Supreme Court issued an emergency pause on the implementation of the EPA’s “Good Neighbor Plan,” which is aimed at reducing ozone pollution, a key component of smog.
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Energy Lawyers Debate the Impact of Losing the Chevron Deference
With the Supreme Court likely to overturn Chevron deference, the general counsels of FERC and the Department of Energy told the Energy Bar Association they doubt it would lead to massive issues with their agencies.
EPA
Supreme Court Skeptical of EPA’s Good Neighbor Plan
The U.S. Supreme Court’s conservative majority appeared inclined to pause the Biden administration’s Good Neighbor Plan, an EPA rule to limit ozone-forming nitrogen oxide emissions from power plants and industrial facilities in certain states.
NOAA Fisheries/Calvin Alexander
Supreme Court Hears Oral Arguments on Overturning Chevron
The Supreme Court heard more than three hours of oral arguments in a case that conservatives hope will reduce the authority of federal regulatory agencies.
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SCOTUS Won’t Take up Texas Appeal of ROFR Law
The U.S. Supreme Court has declined to take up an appeal of a lower court’s ruling that a Texas law giving incumbent transmission companies the first right of refusal to build new transmission lines was unconstitutional.
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Texas Petitions SCOTUS to Review ROFR Ruling
Texas is taking its defense of the state's ROFR law to the U.S. Supreme Court, asking the justices to review a 2022 ruling by the 5th Circuit.
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West Virginia v. EPA Ruling: `Nuclear Bomb’ or `Speed Limit’?
The Supreme Court’s ruling on EPA's regulation of GHG emissions will chill agency rulemakings but won't cripple regulation, attorneys told an EBA forum.

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