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Inflation Reduction Act
Delaware Chancery Court Clarifies that Default Fiduciary Duties Apply to LLC Managers
In 2004, the Delaware General Assembly amended both the Delaware Revised Limited Uniform Partnership Act (“DRULPA”) and the Delaware Limited Liability Company Act (the “LLC Act”) to permit the wholesale elimination of fiduciary duties in an LLC Agreement. Specifically, the...
Here We Go Again: Another Attempt at Recovery for Ratepayers Resulting from KeySpan-Morgan Stanley Swap
Another class action lawsuit has been filed against KeySpan Corporation (KeySpan) and Morgan Stanley Capital Group Inc. (Morgan Stanley), claiming damages for antitrust violations resulting from an allegedly illegal swap agreement that allowed KeySpan to manipulate energy prices in the...
Top 12 Energy Issues for '12
With the 2012 election year upon us, it promises to be an interesting year in energy politics and policy. Here are 12 (really 13 because of some creative headline writing) issues that will keep the sector hopping this year. 1...
Court Finds FERC Overstepped Jurisdictional Boundaries with Order 720
A panel of the United States Court of Appeals for the Fifth Circuit has vacated the Federal Energy Regulatory Commission's (FERC) Order Nos. 720 and 720-A , which imposed new requirements on non-interstate pipelines not normally subject to FERC's jurisdiction...
Interior Department Proposes Guidelines for Protecting Wildlife from Wind Energy Development
Fossil fuels are under fire from opponents of hydraulic fracturing in the gas drilling process or, in coal's case, everything from mountaintop mining to mercury emissions. And now with the crisis in Japan, nuclear power is facing new challenges. Of...
DC Circuit Affirms FERC On Maintaining Price Caps On Gas Pipeline Capacity Sales
The U.S. Court of Appeals for the D.C. Circuit has upheld FERC's decision to remove price ceilings on short term (one year or less) capacity releases by shippers on natural gas pipelines, while maintaining price ceilings on capacity sales by...
Apex Oil: Environmental Cleanup Liability Survives Bankruptcy
In U.S. v. Apex Oil , a three-judge panel of the Seventh Circuit ruled 3-0 that EPA's cleanup injunction against the corporate successor to a chemical company was not discharged in Chapter 11 because the injunction does not create a...
FERC Revisits Who in PJM Is Going to Pay for Transmission Upgrades
FERC conditionally approved a contested settlement on the allocation of transmission owner costs for projects approved through the regional transmission expansion plan (RTEP) of PJM Interconnection, LLC. The settlement directs how PJM will allocate the transmission owners' costs of RTEP...
CAIR Court Throws Eastern Utility Markets into Financial Tail-Spin
A panel of the U.S. Court of Appeals for the DC Circuit in a July 11 order threw eastern power markets into financial chaos by vacating the Environmental Protection Agency's (EPA) Clean Air Interstate Rule (CAIR). ( North Carolina v...
U.S. Supreme Court Will Not Review Decision Prohibiting Courts from Ruling on Wholesale Power Prices
Fallout from the 2000-2001 western energy crisis persisted in April. In a case involving one of the relatively smaller claims to arise out of the crisis, on April 18, 2005, the US Supreme Court denied the petition of the State...