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Legal


Supreme Court Revives Most Uses of NWP 12, Amid Uncertainty

In a one-paragraph, unsigned order issued July 6, the U.S. Supreme Court reinstated most uses of the U.S. Army Corps of Engineers’ Nationwide Permit 12 (NWP 12) for pipeline and…


Rethinking Hydropower Eligibility for State Renewable Incentive Programs

In the absence of a comprehensive federal renewable energy policy, many states have established regulatory frameworks that incentivize or require utilities to purchase or develop a percentage of renewable electricity…


Filed Rate Doctrine: A Powerful Tool in Energy Litigation

The regulatory landscape for the energy industry has changed significantly in the past few decades, but a century-old Supreme Court canon—the filed rate doctrine—continues to be a valuable tool for…


Groups File Legal Challenges to ACE Rule

Legal challenges to the Trump administration’s Affordable Clean Energy (ACE) rule began in earnest April 17, as more than two dozen states and cities, along with several environmental activist groups,…


Structural Effects of Climate Change on the Utility Business

COMMENTARY Developers and other sellers of electricity have traditionally viewed utilities as creditworthy counterparties. Utilities are longstanding institutions that provide a public service and receive a regulated rate of return.…