Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Petitioners, HPBA and NPGA, sought review of two recently promulgated rules that they believed expanded the Energy Policy and Conservation Act (EPCA), 42 U.S.C. 6201 et seq., to include decorative fireplaces. The court agreed with the HPBA that the DOE's interpretation of decorative fireplaces as "Direct heating equipment," a specifically enumerated class of covered products under the Act, contravened the EPCA's statutory scheme and, in turn, clear congressional intent. Accordingly, the court vacated and remanded for further proceedings. View "Hearth, Patio & Barbecue Assoc. v. Dept. of Energy" on Justia Law

This case stemmed from Congress's amendment of the Clean Air Act, 42 U.S.C. 7545(o), to establish a renewable fuel standard (RFS) program. API objected to the EPA's 2012 projection for cellulosic biofuel and to its refusal to reduce the applicable advanced biofuels volume for 2012. The court rejected API's argument that the EPA failed to justify its determination not to reduce the applicable advanced biofuels volume for 2012. However, because the EPA's methodology for making its cellulosic biofuel projection did not take neutral aim at accuracy, the court held that it was an unreasonable exercise of agency discretion. Accordingly, the court vacated the 2012 RFS rule and remanded for further proceedings. View "American Petroleum Institute v. EPA" on Justia Law

Black Beauty petitioned for review of an order of the Federal MSHRC adopting the findings of the ALJ. The court held that the ALJ's conclusion that Black Beauty violated 30 C.F.R. 75.400 was supported by substantial evidence; Black Beauty's violation of section 75.400 constituted an unwarrantable failure; and the ALJ's high negligence finding was supported by substantial evidence. Accordingly, the court denied the petition for review. View "Black Beauty Coal Co. v. MSHR, et al" on Justia Law

Petitioners, a group of California generators, including Calpine, petitioned for review of FERC's orders under the Federal Power Act, 16 U.S.C. 824. On appeal, the court considered FERC's authority to regulate public-utility charges to independent generators for the latter's use of "station power" - the electricity necessary to operate a generator's requirements for light, heat, air conditioning, etc. The court concluded that FERC's jurisdictional determination was not arbitrary or capricious. The generators were on notice that they could be assessed retail charges for station power depending on the outcome of this litigation. The generators have alternative means of alleviating any potential grievances stemming from retroactive charges. Accordingly, Calpine's petition for review was denied and FERC's orders on remand were affirmed. View "Calpine Corp., et al v. FERC" on Justia Law

In response to a tariff filing by Northern Natural Gas, FERC issued an interpretation of section 4(f) of the Natural Gas Act, 15 U.S.C. 717c(f). Northern objected to the interpretation and further argued that even if it was correct, its effect, should be prospective only. The court rejected both claims, holding that FERC's interpretation was fully consistent with the obvious meaning of the statute. Therefore, the court denied the petition for review. View "Northern Natural Gas Co. v. FERC" on Justia Law

The Council of the City of New Orleans and the Louisiana Public Service Commission petitioned for review of an order of the Federal Energy Regulatory Commission (FERC) allowing two companies to withdraw from a regional energy system agreement without paying exit fees. FERC concluded that there was nothing in the agreement that compelled payments prior to withdrawal. FERC found that, under the terms of the agreement, (1) withdrawing companies were not obligated to pay exit fees, and (2) once companies left the agreement, they no longer needed to continue to make rough equalization payments. The D.C. Circuit Court of Appeals denied the petitions for review, holding that FERC's findings were reasonable. View "Council of City of New Orleans v. FERC" on Justia Law

Underlying this appeal was the case of Center for Biological Diversity v. Interior, in which the Court vacated a five-year program for expanding leases for oil and gas development in the coast of Alaska. The U.S. Department of Interior, which approved the program, then issued a new five-year program. Here, the Native Village of Point Hope, Alaska, petitioned the D.C. Circuit Court of Appeals for reimbursement of attorneys' fees and costs it incurred in this matter. The D.C. Circuit allowed reimbursement in the amount of $192,293 in fees and $8,493 in costs, for a total reimbursement of $200,786. View "Ctr. for Biological Diversity v. DOI" on Justia Law

In 2010, the EPA promulgated a final rule adopting a new, one-hour primary national ambient air quality standard (NAAQS) for nitrogen dioxide (NO2). The American Petroleum Institute, the Utility Air Regulatory Group, and the Interstate Natural Gas Association of America (collectively the API) petitioned for review of that rule, claiming the EPA, in adopting the NAAQS, was arbitrary and capricious and violated the Clean Air Act. The API also challenged a statement in the preamble to the final rule regarding the EPA's intended implementation of the NAAQS. The D.C. Circuit Court of Appeals (1) denied the petitions insofar as they challenged the EPA's adoption of the NAAQS, holding that the EPA's adoption of the NAAQS for NO2 was neither arbitrary or capricious nor in violation of the Clean Air Act; and (2) dismissed the portions of the petitions challenging the EPA's non-final statement regarding permitting in the preamble to the Final Rule, holding that it did not have jurisdiction to consider those portions of the petitions. View "Am. Petroleum Inst. v. EPA" on Justia Law

The Vermont Department of Public Service and the New England Coalition petitioned for review of a decision of the Nuclear Regulatory Commission (NRC) issuing to Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. a renewed license to operate the Vermont Yankee Nuclear Power Station. Petitioners contended the license renewal was unlawful because Entergy failed to furnish a state water quality certification, which they asserted was required under the Clean Water Act. The D.C. Circuit Court of Appeals denied the petitions for review, concluding that Petitioners failed to exhaust their administrative remedies before the NRC and thereby waived the right to raise their water quality certification objection on judicial review. View "Vt. Dep't of Pub. Servs. v. Nuclear Regulatory Comm'n" on Justia Law

RSM Production Corporation brought a complaint against a law firm and two of its partners ("Freshfields"), alleging that Freshfields, through its representation of the nation of Grenada in international arbitration, conspired to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) in an effort to prevent RSM from obtaining an exclusive license for offshore oil and gas exploration and development in Grenada. The district court ruled that RSM's lawsuit was barred under the doctrine of res judicata because of its prior lawsuit in the Southern District of New York regarding the same licensing effort. On appeal, RSM contended that Freshfields was not in privity with the New York defendants and that RSM was not required to add Freshfields as a party to that litigation on pain of res judicata. The D.C. Circuit Court of Appeals affirmed on the alternative ground that RSM's complaint failed to state a claim of RICO conspiracy against Freshfields. View "RSM Prod. Corp. v. Freshfields Bruckhaus Deringer U.S. LLP" on Justia Law