Justia Government & Administrative Law Opinion Summaries

In the case between East Texas Electric Cooperative, Inc., and others, against the Federal Energy Regulatory Commission (FERC) and American Electric Power Service Corporation (AEP), the United States Court of Appeals for the District of Columbia Circuit reviewed FERC's decision regarding AEP's calculation of its 2019 transmission rates. The petitioners, customers of AEP, challenged the calculation, but FERC rejected their claims. The petitioners then sought a review of the agency's decision.The court stated that FERC had correctly interpreted AEP's tariff terms and did not act arbitrarily or capriciously. FERC's ruling was upheld on several points, including the denial of retroactive relief for alleged errors in previous rate years, the inclusion of certain coal-related costs in the 2019 rate, the classification of certain tax credits as prepayments for tax liabilities, and the classification of employee pension and benefit costs as non-contingent liabilities. Therefore, the court denied the petition for review. View "East Texas Electric Cooperative, Inc. v. Federal Energy Regulatory Commission" on Justia Law

In 2022, the Department of Energy (DOE) repealed regulations, known as the 2020 Rules, that had created new classes of dishwashers and laundry machines with shorter cycle times, arguing the 2020 rules were illegal. Several states, led by Louisiana, petitioned for the review of the repeal. The United States Court of Appeals for the Fifth Circuit ruled in favor of the states, finding that the DOE's repeal was arbitrary and capricious for failing to consider the performance characteristics of the appliances, the substitution effects, and the evidence showing that the Department’s conservation standards were leading Americans to use more energy and water. The court also noted that the DOE failed to consider other remedies short of repealing the 2020 rules entirely. The court did not reach a conclusion on whether the DOE had the statutory authority to regulate water use in dishwashers and clothes washers. The court granted the petition and remanded the case back to the DOE for further proceedings consistent with its opinion. View "Louisiana v. DOE" on Justia Law

This case involves a dispute over a tariff adopted by the Public Utilities Commission (Commission) of the State of California that affects the compensation utilities provide to customers for excess electricity generated by renewable energy systems. The tariff, known as the net energy metering (NEM) tariff, previously required utilities to purchase excess electricity from renewable systems at the same price customers pay for electricity. However, utilities complained that this overcompensated the owners of renewable systems and raised the cost of electricity for customers without renewable systems. In response, the California Legislature enacted a law requiring the Commission to adopt a successor tariff that promotes the continued sustainable growth of renewable power generation while balancing costs and benefits to all customers.Several environmental groups challenged the Commission's newly adopted successor tariff, asserting that it did not comply with various statutory requirements. The Court of Appeal of the State of California First Appellate District upheld the Commission's tariff. The court found that the Commission's successor tariff adequately served the various objectives of the law and was based on a reasonable interpretation of its statutory mandate. The court also found that the Commission's decision to value exported energy from renewable systems based on the marginal cost of energy to the utilities was a reasonable approach to fulfilling the law's requirement to balance the equities among all customers. The court rejected the plaintiffs' arguments that the Commission had failed to properly account for the costs and benefits of renewable energy, and that it had improperly favored the interests of utility customers who do not own renewable systems. The court also found that the Commission had properly fulfilled the law's requirement to include specific alternatives designed for growth among residential customers in disadvantaged communities. The court affirmed the decision of the Commission. View "Center for Biological Diversity v. Public Utilities Com." on Justia Law

In the case involving BP America Production Company and Debra Anne Haaland, the United States Court of Appeals for the Tenth Circuit affirmed the district court's ruling upholding the agency order requiring BP to pay nearly $700,000 in correctly assessed royalty underpayments. BP argued that the Federal Oil and Gas Royalty Simplification and Fairness Act shielded it from these payments. However, the court rejected BP's interpretation of the Act. The court found that BP's obligation was a single monetary obligation of $905,348.24, not each of the 443 constituent royalty obligations. Therefore, BP did not meet the statutory condition of less than $10,000 for relief from liability for payments. The court also rejected BP's argument that the Secretary's "deemed" final decision lacked a reasoned basis and thus violated the Administrative Procedure Act. The court found that the Secretary's deemed final decision adopted the ONRR Director's decision on the issues raised. View "BP America Production Company v. Davis, et al." on Justia Law

In the case before the United States Court of Appeals for the Sixth Circuit, Jennings Maynard, a coal miner with severe respiratory issues, filed a claim for benefits under the Black Lung Benefits Act. After his death while the claim was pending, his widow, Elizabeth Maynard, filed a claim for survivor’s benefits. The Administrative Law Judge (ALJ) awarded benefits to Elizabeth Maynard on behalf of her late husband and as his surviving spouse. The Benefits Review Board affirmed this decision. The petitioner, Island Creek Coal Company, sought review of the award.The court denied the petition for review. The court explained that Maynard had worked in the coal mining industry for over forty-three years and had developed severe respiratory issues. Maynard's widow, Elizabeth, filed a claim for survivor's benefits after her husband's death. The ALJ awarded benefits to Elizabeth, both on behalf of her late husband and as his surviving spouse. The Benefits Review Board affirmed this decision.The court held that substantial evidence supported the ALJ's findings that Maynard was totally disabled due to his elevated PCO2 values and that the petitioner failed to provide persuasive contrary evidence. The court also found that substantial evidence supported the ALJ's conclusion that the petitioner failed to rebut the presumption that Maynard's respiratory impairment, which contributed to his total disability, arose out of coal mine employment. The court determined that the ALJ properly discredited the medical opinions offered by the petitioner's experts because these opinions were inconsistent with the regulations of the Black Lung Benefits Act and the Department of Labor's determinations. The court therefore denied the petitioner's request for review. View "Island Creek Coal Co. v. Elizabeth Maynard" on Justia Law

The United States Court of Appeals for the Third Circuit reviewed a consolidated action related to the Federal Energy Regulatory Commission's (FERC) acceptance of a tariff filed by PJM Interconnection, L.L.C. (PJM), a Regional Transmission Organization managing a system that serves around fifty million consumers in thirteen mid-Atlantic and Midwestern states and the District of Columbia. The tariff was challenged by PJM Power Providers Group and Electric Power Supply Association, two nonprofit associations representing energy generators, and Pennsylvania Public Utility Commission and Public Utilities Commission of Ohio. The challengers argued that the tariff, which was approved by inaction due to a deadlock among FERC commissioners, was arbitrary and capricious. The court disagreed, ruling that FERC's acceptance of the tariff was not arbitrary or capricious and was supported by substantial evidence. The court also confirmed that it could review FERC's inaction under the Federal Power Act. View "PJM Power Providers Group v. FERC" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court ruling in favor of the Montana Environmental Information Center and Sierra Club (collectively, Conservation Groups) and vacating the Montana Department of Environmental Quality's (DEQ) permit for Westmoreland Rosebud Mining, LLC's proposed coal mine expansion, holding that the Board of Environmental Review (Board) made several errors when it upheld DEQ's findings.Specifically, the Supreme Court held (1) the district court erred in concluding that reversal of the burden of proof was prejudicial error; (2) the Board committed reversible error in limiting the Conservation Groups' evidence and argument; (3) the district court erred in determining that it was reversible error to admit certain testimony as proper rebuttal; (4) the Board erred when it concluded that no water quality standard violation could occur; (5) the Board properly considered cumulative impact of mining activity in its analysis; (6) the Board properly relied on evidence regarding aquatic life; (7) the attorney fee award was improper; and (8) the district court erred in ruling that the Board was properly included as a party on judicial review. View "Mont. Environmental Information Center v. Westmoreland Rosebud Mining" on Justia Law

In 2018, Presidential Proclamation 9693 imposed duties on imports of solar panels, starting at 30% and scheduled to decrease each year to 25%, 20%, and in the final year, 15%. Importers of bifacial solar modules, consisting of cells that convert sunlight into electricity on both the front and back of the cells, petitioned the U.S. Trade Representative (USTR), asking that bifacial solar panels not be subjected to the duties. Ultimately, bifacial solar panels were excluded from the duties. In October 2020, Presidential Proclamation 10101, “modified” Proclamation 9693 to withdraw the exclusion of bifacial solar panels from the scheduled duties, and to increase the fourth-year duty rate to 18%. IImporters of bifacial solar panels sued, alleging that the statute authorizing the President to “modify” Proclamation 9693 only allowed him to make previously adopted safeguard measures more trade-liberalizing while eliminating the exclusion of bifacial panels and raising the fourth-year duty were trade-restrictive. They further argued that even if the President had the authority to “modify” safeguards in a trade-restrictive direction, he failed to follow appropriate procedures.The Trade Court agreed that the authority to “modify” a safeguard is limited to trade-liberalizing changes but rejected the procedural challenges under the Trade Act, 19 U.S.C. 2251. The Federal Circuit reversed. The President’s interpretation of the statute, which allows him to “modify” an existing safeguard in a trade-restricting direction, is not unreasonable. In adopting Proclamation 10101, the President committed no significant procedural violation. View "Solar Energy Industries Association v. United States" on Justia Law

The Supreme Court affirmed the decision of the Board of Equalization affirming the Wyoming Departments of Audit and Revenue's mineral tax audit assessments of Chesapeake Operating, LLC's oil and gas production, holding that the State Board of Equalization did not misinterpret Wyo. Stat. Ann. 39-14-203(b)(iv) when it found that Chesapeake's field facilities did not qualify as processing facilities.On appeal, Chesapeake argued that the Board erred in concluding that Chesapeake's facilities qualified as processing facilities under the mineral tax statutes and that the proper point of valuation for its gas production was at the custody transfer meters. The district court certified the case directly to the Supreme Court, which affirmed, holding that the Board correctly interpreted and applied Wyo. Stat. Ann. 39-14-201(a)(xviii) when it found that the seven facilities at issue were not processing facilities. View "Chesapeake Operating, LLC v. State, Dep't of Revenue" on Justia Law

The Supreme Judicial Court vacated the judgment of the superior court reversing the decision of the Town of Eliot's board of appeals vacating the planning board's approval of a large solar array project, holding that the project did not fit the definition of "public utility facility" within the meaning of the Town zoning ordinance.Odiorne Lane Solar, LLC applied to the Planning Board for a approval to build a large solar array project on land located in the Town's rural district. The Planning Board approved the application. The board of appeals, however, vacated the approval. The superior court vacated the board of appeals' decision. The Supreme Judicial Court vacated the superior court's judgment, holding that, at the relevant times for this application, the ordinance did not permit the location of the project within the rural district. View "Odiorne Lane Solar, LLC v. Town of Eliot" on Justia Law