Category Archives: Cases

Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule

By Athena Eastwood, Kenneth Irvin, Gregory Lawrence, David Williams, Sohair Aguirre, and Sarah Tucker. On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”).  EPA v. EME Homer City Generation, L.P., No. 12-1182.  In a … Continue reading

Posted in Cases, CSAPR, Emissions, Energy Infrastructure, EPA, Power, Regulation, Renewables

New Jersey Appeals Court Interprets Force Majeure Clause in NAESB

By Kenneth Irvin, Daryl Rice and Sohair Aguirre In a ruling of significant importance for those confronting force majeure (“FM”) issues in natural gas trades, and a win for Hess Corporation (“Hess” or “Plaintiff”), the Superior Court of New Jersey, Appellate Division ruled … Continue reading

Posted in Cases, Oil & Gas, Power

Third Circuit Upholds FERC Orders on PJM MOPR Revisions

By Ken Irvin and Ryan Norfolk Recently, the U.S. Court of Appeals for the Third Circuit upheld FERC’s 2011 orders accepting revisions to PJM’s Minimum Offer Price Rule (“MOPR”) that, among other things, removed the mitigation exemption for resources being … Continue reading

Posted in Cases, FERC, PJM, Power, Regulation

Lyondell Bankruptcy Court Holds That Safe Harbors Do Not Prohibit Creditors From Asserting State Law Constructive Fraudulent Transfer Claims

On January 14, 2014, Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York in Weisfelner v. Fund 1. (In re Lyondell Chemical Co.), Adv. Proc. No. 10-4609 (REG), 2014 WL 118036 (Bankr. … Continue reading

Posted in Cases, Distressed Energy, Mining/Metals, Oil & Gas, Power

DC Circuit Court Holds FERC Lacks Jurisdiction in Hunter v. FERC

On Friday, March 15, 2013, the United States Court of Appeals for the D.C. Circuit held that “[b]ecause manipulation of natural gas futures contracts falls within the CFTC’s exclusive jurisdiction and because nothing in the Energy Policy Act clearly and … Continue reading

Posted in Cases, Enforcement and Investigations, FERC, Oil & Gas, Power, Regulation

Antitrust Division Enters Into First Deferred Prosecution Agreement

In a first for the Department of Justice (“DOJ”) Antitrust Division, the Division entered into a Deferred Prosecution Agreement (“DPA”) with a financial institution for its involvement in an alleged LIBOR-rate manipulation scheme. As part of the agreement, the company’s … Continue reading

Posted in Antitrust/Competition, Cases, DOJ, Regulation

DC Circuit Denies Request for Rehearing of CSAPR

By Ken Irvin, Terence Healey and Sohair Ahmadi Aguirre On January 24, the U.S. Court of Appeals for the D.C. Circuit denied requests by the U.S. Environmental Protection Agency (EPA) and environmental groups for a rehearing by the panel and … Continue reading

Posted in Cases, EPA, Power, Regulation

First Ever Admission of Violation in FERC Manipulation Action

On November 19, 2012, FERC approved a settlement agreement between its Office of Enforcement and Gila River Power LLC (“Gila River”) addressing market manipulation claims related to activity in California.  As part of the settlement agreement, Gila River admits to … Continue reading

Posted in Cases, Enforcement and Investigations, FERC, Power, Regulation

The DC Circuit Court Vacates Cross-State Air Pollution Rule

Today, in a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit issued its decision vacating the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR), which requires significant reductions in emissions from power plants in certain states … Continue reading

Posted in Cases, Emissions, EPA, Power, Regulation

Licensing Issues at Nuclear Plants Raise Environmental and Economic Concerns

By Terence Healey, Mary Alexander and Sarah Tucker The case of Entergy Nuclear Vermont Yankee v. Shumlin (VY v. Shumlin) continues on schedule for trial before the United States District Court for the District of Vermont on September 12, 2011.  … Continue reading

Posted in Cases, Regulation