7th Circ. Won't Hand Off FERC Clean Energy Order Fight

Law360 (July 30, 2020, 3:15 PM EDT) -- The Seventh Circuit has declined to let the D.C. Circuit take over challenges to a Federal Energy Regulatory Commission order restricting the presence of state electricity programs in wholesale electricity auctions run by the country's biggest regional grid operator.

In a short order Wednesday, the Seventh Circuit denied a request by the Electric Power Supply Association to transfer the consolidated case. The Seventh Circuit had been chosen to preside over the matter through a multidistrict litigation panel lottery. 

The challengers are targeting a FERC order from December stating that state-subsidized power producers must hit a price floor to participate in electricity...

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