Justia Government & Administrative Law Opinion Summaries

The Supreme Court affirmed in part and reversed in part the judgment of the district court concluding that Pleasant Grover (City) had the power to enact a three-tiered "transportation utility fee" (TUF) but reversed the court's ruling that the TUF was actually a tax, holding that remand was required.The subject TUF charged local property owners a monthly fee corresponding to the "intensity" with which they used City roads, as determined by a study of user demand on the City's roadways, and the generated funds were to be used to repair and maintain city roadways only. At issue was whether the City had the authority to enact the TUF and whether the City properly characterized the TUF as a fee or if it was in fact a tax requiring the City to follow specific enactment procedures. The district court held that the TUF was actually a tax based on its purpose. The Supreme Court reversed in part, holding (1) the City acted within its discretion in enacting the TUF; but (2) the purpose of the TUF was characteristic of a fee because it was a specific charge for a specific purpose. View "Larson v. Pleasant Grove City" on Justia Law

The Supreme Court affirmed the decision of the Public Utilities Commission (PUC) denying the petition for a declaratory judgment filed by Block Island Power Company (BIPCo), holding that there were no grounds to overturn the PUC's decision.In 2009, the legislature enacted R.I. Gen. Laws 39-26.1-7 (the enabling act) authorizing the Town of New Shoreham Project. In 2017, BIPCo sought a declaratory judgment declaring that the enabling act required the costs for BIPCo's interconnection facilities and backup transformer to be socialized across all electric ratepayers in the state, not just those in the Town. The PUC issued a judgment against BIPCo. The Supreme Court affirmed, holding that the PUC's reading and application of the statute was without error. View "In re Block Island Power Co. Petition for Declaratory Judgment" on Justia Law

The Supreme Judicial Court affirmed the order of the Public Utilities Commission denying the petition of Maine Coalition to Stop Smart Meters for reconsideration of a previous order approving revised terms and conditions for the smart-meter opt-out program created by Central Maine Power (CMP), holding that there was no abuse of discretion.The revised terms and conditions of the smart-meter opt-out program at issue allowed CMP to install solid-state meters, which are smart meters with the transmitting function disabled, instead of electromechanical (analog) meters for opt-out customers. The Coalition filed a petition for reconsideration. The Supreme Court affirmed, holding (1) the Commission's finding that solid-state meters are safe was not supported by substantial evidence; and (2) the Commission's decision to approve the revised terms was not arbitrary or unreasonable, unjust, or unlawful and was supported by competent evidence in the record. View "Maine Coalition to Stop Smart Meters v. Public Utilities Comm'n" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the decision of the Indiana Utility Regulatory Commission approving Southern Indiana Gas and Electric Company's (Vectren) petition for approval of its new instantaneous netting method determining the amount of credit its customers receive for their excess distributed generation of electricity, holding that there was no error.Acting within its expertise and authority, the Commission approved Vectren's petition seeking approval of a tariff (Rider EDG) rate for the procurement of excess distributed generation. The Commission approved the Rider EDG, finding that the instantaneous netting method was consistent with Ind. Code 8-1-40-5. The court of appeals reversed. The Supreme Court reversed, holding that the Commission properly held that Vectren's instantaneous netting method was not contrary to law and satisfied the requirements in Ind. Code Ann. 8-1-40-5. View "Ind. Office of Utility Consumer Counselor v. Southern Indiana Gas & Electric Co." on Justia Law

Monterey is an independent public agency responsible for analyzing Monterey County's water resources. Cal-Am is an investor-owned water utility providing water to over 100,000 residents on the Monterey Peninsula. Marina, a public agency, provides water for the City of Marina and neighboring Monterey Peninsula communities. In 1995 the State Water Resources Control Board ordered Cal-Am to stop drawing water from the Carmel River and develop an alternate water supply. In 2009 Marina, Monterey, and Cal-Am agreed to develop and construct a regional desalinization project to extract brackish water from beneath Monterey Bay, purify it, and deliver it to consumers. In 2010-2011, the parties entered into several agreements. The project was never built. The parties engaged in negotiation and mediation, ending in January 2012 without resolution.In September 2012, Cal-Am submitted a claim under the California Government Claims Act. Litigation followed. In 2019, the trial court entered summary adjudication against Monterey, finding that a negligence cause of action was barred by the two-year statute of limitations and against Cal-Am under the Government Claims Act. The court of appeal reversed. The trial court erred in finding that the “harm” accrued in 2010. There were triable issues of fact as to express waiver and as to the applicability of alternatives to the Claims Act. View "California-American Water Co. v. Marina Coast Water Districtw" on Justia Law

The Supreme Court affirmed the decision of the district court to affirm the Montana Department of Environmental Quality's (DEQ) issuance of a solid waste management system (SWMS) license to the City of Billings for future expansion of its Class II facility, the Billings Regional Landfill, holding that the DEQ did not violate the law.Specifically, the Supreme Court held (1) in approving the City's license application, the district court did not err when it concluded that DEQ made a "reasoned determination" that the City satisfied the requirements of Admin. R. M. 17.50.1005; (2) the district court did not err when it concluded that DEQ did not need to prepare an environmental impact statement pursuant to Admin. R. M. 17.4.608(1)(g); and (3) the district court did not err by not addressing whether the proposed expansion area violates Mont. Code Ann. 75-10-212(2)(c). View "Hillcrest Natural Area Foundation, Inc. v. Dep't of Environmental Quality" on Justia Law

Otter Tail Power Company provided electric service to the City of Drayton, North Dakota under a franchise agreement. In August 2019, Drayton annexed to the city property known as McFarland’s Addition. In November 2019, an entity purchased a portion of McFarland’s Addition with the intention of building a truck stop. In April 2020, Drayton passed a resolution requiring Otter Tail to provide electric service to McFarland’s Addition. Nodak Electric Coop provided service to rural customers outside of Drayton, and did not provide services to customers in McFarland’s Addition. Nodak did not have a franchise from Drayton to provide electric service in the city. Nodak filed suit against Otter Tail, requesting the Public Service Commission to prohibit Otter Tail from extending electric service to McFarland’s Addition. Nodak alleged Otter Tail’s service would interfere with Nodak’s existing service and be an unreasonable duplication of services. In response, Otter Tail claimed the PSC lacked jurisdiction over Drayton’s decision on which provider could extend service within the city. The North Dakota Supreme Court determined the PSC lacked jurisdiction to rule on Nodak’s complaint, and reversed and vacated the PSC’s order: Otter Tail’s motion to dismiss should have been granted. View "Nodak Electric Coop. v. N.D. Public Svc. Commission, et al." on Justia Law

The Supreme Court affirmed in part and reversed in part the order of the Public Utilities Commission authorizing a recovery mechanism referred to as the solar-generation-fund rider (Rider SGF), holding that remand to the Commission was required as to one issue.In 2021, the Commission issued an order establishing Rider SGF as the recovery mechanism that would be used to provide revenue for a "solar generation fund" by generating funds through a monthly retail charge to customers that would be billed and collected by Ohio electric distribution utilities. The Ohio Manufacturers' Association Energy Group appealed, challenging the amount and structure of Rider SGF. The Supreme Court remanded for clarification on the issue on the whether the Commission erred when it determined that customers must also pay the commercial activity tax through Rider SGF. View "In re Establishing the Solar Generation Fund Rider" on Justia Law

The Supreme Court affirmed the order of the Public Service Commission of West Virginia (PSC) ordering Equitrans, LC, a natural gas interstate pipeline company, to permit Hope Gas to connect a natural gas field tap on property owned by Ronald and Ashton Hall to Equitrans' "gathering line," holding that the PSC properly exercised jurisdiction in this matter.Seeking to divest itself of its gathering facilities Equitrans applied to the Federal Energy Regulation Commission (FERC) to abandon and sell its gathering facilities. FERC approved the application. When Equitrans denied Hope Gas's request to reestablish a service connection to the Halls' residence the Halls filed their complaint with the PSC. The PSC found that it had jurisdiction over the gathering facilities. The Supreme Court affirmed, holding that the PSC properly exercised jurisdiction over the gathering facility at issue. View "Equitrans, L.P. v. Public Service Comm'n of W. Va." on Justia Law

The Adorers, an order of nuns whose religious beliefs require them “to protect and preserve Earth,” own property in Pennsylvania. When Transco notified them that it was designing a 42-inch diameter interstate gas pipeline to cross their property, the Adorers explained that they would not sell a right-of-way through their property. Transco sought a certificate of public convenience and necessity. The Federal Energy Regulatory Commission (FERC) published notices and hosted open meetings to discuss the pipeline. The Adorers neither provided comments nor attended meetings. When FERC contacted the Adorers directly, they remained silent. Transco altered the pipeline’s route 132 times in response to public comment. FERC issued the requested certificate, which authorized Transco to use eminent domain to take rights-of-way 15 U.S.C. 717f(c)(1)(A). Transco sought an order of condemnation to take rights-of-way in the Adorers’ property. The Adorers failed to respond to the complaint.Days after the district court granted Transco default judgment, the Adorers sought an injunction under the Religious Freedom and Restoration Act (RFRA) 42 U.S.C. 2000bb-1(c). The Third Circuit rejected the Adorers’ contention that RFRA permitted them to assert their claim in federal court rather than before FERC. After the pipeline was put into service, the Adorers sought damages under RFRA. The Third Circuit affirmed the dismissal of the suit. To permit a party to reserve a claim, the success of which would imperil a FERC decision to certify an interstate pipeline, by remaining silent during the FERC proceedings and raising the claim in separate litigation would contravene the Natural Gas Act’s exclusive review framework. View "Adorers of the Blood of Christ United States Province v. Transcontinental Gas Pipe Line Co., LLC" on Justia Law