Courts

It’s no secret that U.S. nuclear and coal-fired power plants are struggling to remain viable in competitive markets. Many plants have been retired for economic reasons long before the facilities reached the

New York’s subsidies of nuclear power are legally sound, the U.S. Court of Appeals for the Second Circuit has concluded. The decision comes two weeks after the Seventh Circuit upheld a similar measure in Illinois. The development marks a victory for the nuclear industry, which has been financially crippled by the rise of cheap gas […]

The U.S. Court of Appeals for the Seventh Circuit on September 13 upheld subsidies offered by Illinois to help struggling nuclear power plants. The court rejected arguments from power producers and some Illinois energy consumers that so-called zero-emission credits (ZEC) are preempted by the Federal Power Act. Opponents argued the program violates the Commerce Clause […]

As a vote by owners on the fate of the Vogtle nuclear expansion project hangs in the balance, the City of Jacksonville, Florida, and JEA—the city’s municipal utility that serves about 458,000 electric customers—filed a complaint in the Fourth Judicial Circuit Court of Florida on September 11 asking for declaratory judgment on a power purchase […]

Seventeen states have asked the U.S. Court of Appeals for the D.C. Circuit to reject the Trump administration’s efforts to further delay the court’s decision on legal challenges to the Clean Power Plan. In a filing with the court on September 4, the attorneys general of California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, […]

The Environmental Protection Agency (EPA) released a proposed rule to replace the Clean Power Plan—a rule regulating greenhouse gas emissions (GHG) from existing coal-fired power plants. The new “Affordable Clean Energy” rule sets GHG guidelines for states to set standards for performance for existing coal-fired power plants. The proposal is the newest development in a […]

A New York Supreme Court judge on August 15 said Competitive Power Ventures (CPV) can resume startup tests at its new natural gas-fired power plant in Wawayanda. The decision Wednesday from Judge Roger D. McDonough came one day after CPV sued New York’s Department of Environmental Conservation (DEC). CPV is seeking an injunction allowing it […]

The Environmental Protection Agency (EPA) does not intend to revisit national ambient air quality standards (NAAQS) for ozone that the Obama administration issued in 2015, a court filing shows.  The agency said in its final status report submitted to the U.S. Court of Appeals for the D.C. Circuit on August 1 that it has reviewed […]

St. Michael, MN (June 2018) – U.S. Water announces that on May 25, 2018, the United States District Court for the Western District of Wisconsin overturned a decision by a unanimous Federal Court jury that U.S. Patent Nos. 8,415,137 and 8,609,399 relating to U.S. Water’s pHytOUT® deposit control technology were valid. U.S. Water plans to […]

The U.S. Department of Justice (DOJ) and the Federal Energy Regulatory Commission (FERC) on May 29 told the U.S. 7th Circuit Court of Appeals that Illinois’ nuclear subsidy program does not preempt federal statute, siding with the state and Exelon Corp. in a contentious legal fight that has divided the power sector. The case, now […]