Senate Democrats’ move last week to abolish the filibuster for judicial nominees clears the way for President Obama to fill vacancies on the appellate court that frequently reviews federal energy and environmental policy.
The U.S. Court of Appeals for the District of Columbia is widely considered second only to the Supreme Court in its influence. Also known as the D.C. Circuit, the court is the frequent forum for oversight of rulemakings by the Federal Energy Regulatory Commission and the Environmental Protection Agency.
The court’s eight current full-time judges are split between Democratic and Republican appointees; five of the six part-time senior judges were appointed by Republicans. With the elimination of the filibuster threat, Obama’s nominees for three vacancies on the court are expected to be confirmed. Cases before the court are often heard by three-judge panels.
More: The Washington Post
FERC Overreaching on Order 1000: Brief
A coalition of utilities, including Public Service Enterprise Group, told the D.C. Circuit that the Federal Energy Regulatory Commission’s Order 1000 mandates for interregional planning and cost sharing amount to “a regulatory sea change” with no basis in law. FERC has no authority “to direct utilities to fund transmission developers from whom they do not take service,” the coalition said in a brief.
More: Coalition for Fair Transmission Policy
Court Halts Waste Fee; Yucca Redux?
The D. C. Circuit stopped collection of Nuclear Waste Fund fees, calling Department of Energy arguments for them no more than “razzle dazzle.” The Nuclear Regulatory Commission resumed work, at a low level, on a study of Yucca Mountain as a depository.
More: Washington Post; Las Vegas Review-Journal
EPA Could Accept State Carbon Taxes
The Environmental Protection Agency is not ruling out the possibility of allowing state-level carbon taxes as a way of complying with the rules it is writing for control of greenhouse gas emissions from existing power plants.
More: The Hill
Poll: CIP Standards Not Enough
A survey of 100 IT professionals working on critical infrastructure protection (CIP) standards showed that 70% believe compliance with standards is only the start of protection.
More: Smart Grid News
Coal Still Big in PJM
Coal-fired generators are producing nearly half of the electricity in PJM thanks to cheap supplies from the Illinois Basin. While Ohio and Pennsylvania are shifting to natural gas coal is holding its own in Indiana and Illinois.
More: EIA
