February 21, 2025

D.C. Circuit Court of Appeals

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MISO TOs Take ROE Battle to DC Circuit Court Again
MISO transmission owners have again taken arguments against FERC’s most recent return on equity decision to the D.C. Circuit Court of Appeals.
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DC Circuit Vacates LNG Rail Safety Rule from First Trump Administration
The D.C. Circuit Court overturned a rule issued in Trump's first term on shipping LNG over rails, which the Biden-era PHMSA did not replace, directing the agency to pay closer attention to the risks an accident would pose.
ITC Midwest
DC Circuit Court Leaves ITC’s Abandonment Incentive Untouched Despite Iowa ROFR Uncertainty
The D.C. Circuit Court of Appeals has dismissed transmission customers’ argument against ITC Midwest receiving an abandonment rate incentive for an Iowa line segment included MISO long-range transmission planning.
Consumers Energy
DC Circuit Rejects Challenge to FERC Approval of Indiana Pipeline
The D.C. Circuit found the commission appropriately approved a new pipeline in Indiana meant to serve new natural gas generation that the state approved.
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DC Circuit Orders Could Lead FERC to Rethink its Natural Gas Policies
A pair of recent appeals court decisions signal a shift in how the courts view FERC's approvals of natural gas infrastructure and has the commission considering its next steps, Chair Willie Phillips said at a Sept. 19 open meeting.
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DC Circuit Strikes down Emissions Standards for ‘New’ Pre-2020 Boilers
The D.C. Circuit Court of Appeals set aside EPA emission rules on new large boilers as they applied to those built prior to August 2020, ruling that was a violation of the Clean Air Act.
King of Hearts, CC BY-SA 4.0, via Wikimedia Commons
Court Sides with PG&E in Long-running San Francisco Dispute
The D.C. Circuit ruled in favor of Pacific Gas and Electric in the latest twist in a nearly two-decade dispute with the San Francisco over a distribution system wheeling contract between the two entities.
Constellation Energy
DC Circuit Vacates FERC Approval of Two LNG Facilities in Texas
The D.C. Circuit Court of Appeals vacated FERC’s approval of two LNG export facilities in Texas and remanded the cases back to the commission.
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DC Circuit Vacates Pipeline Approval FERC Issued over NJ’s Objections
The D.C. Circuit Court of Appeals vacated and remanded an order by FERC approving a natural gas pipeline in New Jersey that state regulators said was unneeded.
Entergy
DC Circuit Declines Entergy Challenge of MISO Seasonal Accreditation
The D.C. Circuit Court of Appeals rejected Entergy’s challenge of MISO’s seasonal capacity accreditation and generator outage rules, two years after FERC approved the rules.

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