9th Circ. Vacates DOE Electrical Congestion Study

Law360, New York (February 1, 2011, 8:20 PM EST) -- The Ninth Circuit on Tuesday vacated a 2006 electrical congestion study by the U.S. Department of Energy, saying the agency failed to adequately consult with states' environmental agencies before approving two new national electric transmission corridors.

The 2-1 opinion from the U.S. Court of Appeals for the Ninth Circuit puts the DOE back to square one, requiring a new study undertaken in consultation with the potentially affected states, an environmental impact statement to comply with the National Environmental Policy Act, and a new decision about the...
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