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  1. December 14, 2018

    Climate Change Ruled 2018 Energy-Related Court Decisions

    The inexorable links between energy and climate change meant climate played a central role in the biggest court decisions of 2018 affecting the energy sector, from Big Oil dodging climate torts brought by cities to the Trump administration's approval of the Keystone XL pipeline running aground due to a faulty review of climate impacts. Here are five significant energy-related court decisions from the past year.

  2. September 27, 2018

    2nd Circ. Upholds NY Nuke Plant Subsidies

    The Second Circuit on Thursday upheld subsidies offered by New York state to prop up struggling nuclear power plants, joining the Seventh Circuit in concluding that such subsidies don't usurp Federal Energy Regulatory Commission authority over wholesale electricity markets.

  3. September 21, 2018

    7th Circ. Got Nuke Subsidy Ruling Wrong, Power Cos. Say

    Independent power producers on Friday said the Seventh Circuit issued a legally flawed decision backing Illinois' program propping up struggling nuclear power plants, but added that they haven't yet decided if they will seek rehearing or will appeal the ruling to the U.S. Supreme Court.

  4. September 17, 2018

    Exelon Says 7th Circ. Ruling Dooms NY Nuke Subsidy Fight

    The Seventh Circuit's recent ruling that subsidies offered by Illinois to prop up struggling nuclear power plants are lawful backs the argument that New York's similar nuclear subsidy program passes legal muster, a lawyer for Exelon Corp. told the Second Circuit on Friday.

  5. July 09, 2018

    Exelon Says FERC Order Doesn't Doom Nuke Subsidies

    Exelon Generation Co. LLC has told the Second and Seventh Circuits that nuclear plant subsidies offered by New York and Illinois were not jeopardized by a recent Federal Energy Regulatory Commission order that PJM Interconnection make changes to its electricity rates to reduce the effect of state clean energy subsidies.

  6. July 05, 2018

    FERC's Market Worries Doom Nuke Plant Subsidies, Foes Say

    The Federal Energy Regulatory Commission's recent order that PJM Interconnection revise its electricity market rules to blunt the impact of state clean energy policies supports arguments that the Seventh and Second Circuits must invalidate nuclear plant subsidies offered by Illinois and New York, challengers of the subsidies say.

  7. June 21, 2018

    Energy Cases To Watch In 2nd Half Of 2018

    Climate change hogs the spotlight in some of the most closely watched court cases involving the energy sector, from bids to hold fossil fuel companies liable for climate-related damages to an increasingly tense showdown between the Trump administration and California over the future of regulating greenhouse gas emissions from vehicles. Here are several cases energy attorneys will be watching in the second half of 2018.

  8. March 12, 2018

    2nd Circ. Questions Case Against NY Nuke Subsidy Plan

    A Second Circuit panel appeared skeptical Monday that a New York state program propping up struggling nuclear power plants usurps federal jurisdiction over wholesale electricity markets, suggesting that the Federal Power Act gives states plenty of leeway to subsidize electricity generation within their borders.

  9. November 28, 2017

    NY Nuke Subsidy Plan Is Legally Sound, AGs Tell 2nd Circ.

    Attorneys general from eight Democratic-leaning states, including New York, on Monday threw their support behind the Empire State's plan to subsidize struggling nuclear power plants, telling the Second Circuit that the program is well within states' authority to address air quality issues and doesn't intrude upon federal electricity regulation.

  10. November 20, 2017

    NY Says There's Nothing Unlawful About Nuke Subsidy Plan

    New York utility regulators told the Second Circuit on Friday that the state's plan to subsidize struggling nuclear power plants is well within its authority to reduce greenhouse gas emissions and that challengers of the plan can't use the Federal Power Act or the Constitution's commerce clause to limit that authority.