4th Circ. Rules For States Over FERC In Permit Spat

Law360, New York (February 19, 2009, 12:00 AM EST) -- Rejecting the Federal Energy Regulatory Commission's interpretation of its permit-issuing authority in designated energy transmission corridors as too broad, a federal appeals court has decided to clarify the Energy Policy Act by leaving power with the states to deny facility permits.

On Wednesday, the U.S. Court of Appeals for the Fourth Circuit issued the opinion in a consolidated case comprising four separate actions brought by state regulators and community groups challenging FERC’s interpretation of language in the Energy Policy Act – which allowed the federal government...
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