D.C. Circuit Court of Appeals

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Petitions Filed to Overturn DOE’s Craig Coal Plant Extension
Challenges are piling up to Trump administration orders to keep retiring coal plants online, as the Colorado attorney general and environmental groups have filed petitions to overturn an extension of Craig Station Unit 1.
Michigan Public Power Agency
DOE Defends Use of Emergency Orders in Court Filing
The Department of Energy argued its use of Section 202(c) of the Federal Power Act to keep retiring power plants online is well within its authority in response to an ongoing emergency on the grid.
PJM
D.C. Circuit Vacates FERC Order Requiring PJM to Rerun 2024/25 Capacity Auction
The D.C. Circuit Court of Appeals has vacated FERC’s decision to order PJM to rerun its 2024/25 capacity auction without a tweak to the parameters for the DPL South zone.
Newkirk Electric Associates
State AGs, Enviros Argue Campbell Plant Orders Exceed DOE’s Authority
DOE is exceeding its authority by using Federal Power Act Section 202(c) to keep the J.H. Campbell coal plant in Michigan running under several consecutive “emergency” orders, opponents argued in recent court filings with the D.C. Circuit.
The White House / FTC
Supreme Court Justices Seem Skeptical on Agency Independence
Supreme Court justices appeared ready to overturn a 90-year precedent that has limited presidents' authority to fire members of independent regulatory agencies like FERC.
Invenergy
Enviros Challenge MISO, SPP Queue Express Lanes
Environmental groups are further pressing their opposition to MISO's and SPP’s fast-track studies for primarily fossil fuel projects, challenging both at the D.C. Circuit in a pair of lawsuits.
Duke Energy Renewables
SPP’s ELCC Methodology Contested at Appeals Court
The Sierra Club and Natural Resources Defense Council filed a petition with an appeals court to toss two recent FERC orders that granted SPP’s request to modify provisions for clean energy resources’ capacity accreditation.
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Split Panel on the D.C. Circuit Upholds DOE’s Furnace Efficiency Rule
The D.C. Circuit Court of Appeals upheld the Department of Energy’s efficiency standard for natural gas furnaces and water heaters against appeals from gas trade associations.
TVA
D.C. Circuit Upholds FERC Approval of TVA’s Cumberland Switch to Gas
The Tennessee Valley Authority is closing in on a gas-for-coal swap at its Cumberland plant after the D.C. Circuit Court of Appeals rejected environmental groups’ arguments against FERC’s environmental review.
Mid-America Carpenters Regional Council
D.C. Circuit Vacates FERC Cancellation of Reactive Power Compensation in MISO
The D.C. Circuit Court of Appeals vacated a FERC order allowing MISO to end reactive power compensation, though the decision has no bearing on the nationwide discontinuation of payments for reactive power in Order 904.

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