Tag Archives: Federal Courts

Second Circuit Upholds Dismissal of Challenge to New York ZECs

Posted on September 28, 2018 by Katherine O'Konski

Yesterday, in Coalition for Competitive Electricity et al. v. Zibelman et al.,* the Second Circuit upheld New York’s zero-emissions credits (ZECs) program, a component of its Clean Energy Standard and larger energy reform plan to reduce greenhouse gas emissions 40% … Continue reading →

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7th Circuit Upholds Illinois’s Zero Emissions Credit Program

Posted on September 20, 2018 by Katherine O'Konski

Last week, in Electric Power Supply Association v. Star, Nos. 17-2433 & 17-2445, the Seventh Circuit upheld Illinois’s Zero Emissions Credit (ZEC) program, concluding that it is not preempted by the Federal Power Act and not in violation of the dormant … Continue reading →

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Seventh Circuit Finds Smart Meter Data Collection is a Reasonable Search, Not in Violation of the Fourth Amendment

Posted on September 13, 2018 by Katherine O'Konski

Last month, the Seventh Circuit held in Naperville Smart Meter Awareness v. City of Naperville, No. 16-3766, that Naperville, Illinois’ collection of smart meter data from its residents constitutes a reasonable search that is not in violation of the Fourth … Continue reading →

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Fifth Circuit Grants EPA’s Request for Power Plant Effluent Rule to Remain in Abeyance

Posted on September 5, 2017 by Katherine O'Konski

On August 22, the Fifth Circuit issued an order granting EPA’s motion to sever and hold in abeyance all judicial proceedings in Southwestern Electric Power Co. v. EPA relating to certain provisions of the Effluent Limitations Guidelines and Standards for … Continue reading →

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State Programs Claim Third Victory in Federal Court: New York Nuclear Subsidies Survive Legal Challenge

Posted on July 27, 2017 by SpiegelBlog

In a July 25, 2017 ruling, the U.S. District Court for the Southern District of New York dismissed a challenge to the component of New York’s “Clean Energy Standard” offering subsidy payments, known as “zero-emissions credits” or ZECs, to certain … Continue reading →

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