| 25-438 |
Pacific Gas & Electric Company, et al. v. Federal Energy Regulatory Commission |
Ninth Circuit |
2025-10-09 |
Pending |
federal-power-act ferc-jurisdiction interstate-transmission preemption regional-transmission-organization utility-incentives |
Whether the Ninth Circuit correctly held that the Federal Power Act does not preempt California's RTO mandate and whether RTO mandates render utilitie… |
| 24-1318 |
American Electric Power Service Corporation v. Federal Energy Regulatory Commission, et al. |
Sixth Circuit |
2025-06-26 |
Denied |
energy-law federal-power-act interstate-transmission preemption regional-transmission-organization utility-regulation |
Whether the Sixth Circuit correctly held that the Federal Power Act does not preempt Ohio's RTO mandate and whether RTO mandates render utilities inel… |
| 24-1304 |
FirstEnergy Service Company v. Federal Energy Regulatory Commission, et al. |
Sixth Circuit |
2025-06-24 |
Denied |
administrative-law federal-energy-regulatory-commission preemption state-law-mandate transmission-organization utility-regulation |
Whether a federal agency acts arbitrarily or capriciously in determining a post-settlement change of law, and whether federal law applies to utility t… |
| 24-1262 |
RDFS, LLC v. Federal Energy Regulatory Commission, et al. |
Fourth Circuit |
2025-06-10 |
Denied |
administrative-law agency-authority certificate-issuance judicial-review natural-gas-act statutory-interpretation |
Whether a court of appeals may defer to FERC on the threshold question of FERC's authority to issue blanket certificates without determining the legal… |
| 24-1074 |
Entergy Arkansas, LLC v. Doyle Webb, in His Official Capacity as Chairman of the Arkansas Public Service Commission, et al. |
Eighth Circuit |
2025-04-14 |
Denied |
administrative-law agency-order federal-preemption judicial-review regulatory-interpretation wholesale-tariff |
Whether the preemptive effect of a federal agency's order is an issue for courts to decide and cannot be controlled by the agency's opinion, or lack o… |
| 24A978 |
Federal Energy Regulatory Commission v. New Jersey Conservation Foundation, et al. |
District of Columbia |
2025-04-11 |
Presumed Complete |
None |
|
| 24A935 |
RDFS, LLC v. Federal Energy Regulatory Commission |
Fourth Circuit |
2025-03-28 |
Presumed Complete |
None |
|
| 23-1069 |
Public Utilities Commission of Ohio v. Federal Energy Regulatory Commission, et al. |
Third Circuit |
2024-04-01 |
Denied |
administrative-law agency-action agency-deference energy-regulation federal-power-act ferc ferc-review judicial-deference majority-vote statutory-interpretation wholesale-electricity |
Should courts apply the same deferential standard of review that they apply to rules that become effective by order of the Federal Energy Regulatory C… |
| 23-1053 |
Cletus Woodrow Bohon, et al. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2024-03-26 |
Denied |
administrative-state agency-authority civil-procedure constitutional-challenge jurisdictional-dispute kelo non-delegation-doctrine separation-of-powers takings |
Whether this Non-Delegation Doctrine challenge to the constitutional authority of an agency was properly filed in district court, or whether an agency… |
| 23A731 |
Public Utilities Commission of Ohio v. Federal Energy Regulatory Commission, et al. |
Third Circuit |
2024-02-07 |
Presumed Complete |
administrative-law agency-action capacity-auctions ferc judicial-review state-subsidies |
Whether a federal agency's deadlocked vote constitutes final agency action subject to judicial review and, if so, how courts should evaluate and resol… |
| 23-773 |
Electric Power Supply Association v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2024-01-17 |
Denied |
federal-power-act ferc independent-system-operators public-utilities public-utility rate-regulation regional-transmission-organization regional-transmission-organizations wholesale-electricity |
Whether a public utility supplier's offer into a wholesale electricity auction is a 'rate[] * ** demanded' under the Federal Power Act, and therefore … |
| 23A485 |
Cletus Bohon, et al. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2023-11-29 |
Presumed Complete |
constitutional-challenge jurisdiction-stripping land-condemnation legislative-power non-delegation separation-of-powers |
Whether the Non-Delegation Doctrine prohibits Congress from delegating legislative powers to an executive agency without an intelligible principle, pa… |
| 23A403 |
Electric Power Supply Association, et al. v. Federal Energy Regulatory Commission |
District of Columbia |
2023-11-03 |
Presumed Complete |
capacity-market federal-power-act ferc market-design public-utility rate-setting |
Whether capacity market offers constitute 'rates' under Section 205 of the Federal Power Act, such that public utilities retain the primary right to s… |
| 22-1246 |
Edison Electric Institute, et al. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2023-06-28 |
GVR |
administrative-law chevron-deference energy-regulation federal-energy-regulatory-commission megawatts power-generation power-production-capacity qualifying-facility solar-energy-project statutory-interpretation |
Whether 'power production capacity' refers to a facility's maximum net output to the grid at any one time, or whether that term instead refers to the … |
| 22A969 |
Edison Electric Institute, et al. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2023-05-05 |
Presumed Complete |
None |
|
| 22-743 |
Nevada Irrigation District, et al. v. California State Water Resources Control Board, et al. |
Ninth Circuit |
2023-02-08 |
Denied |
certification-request clean-water-act federal-power-act ferc ninth-circuit regulatory-review state-jurisdiction state-waiver water-discharge water-quality-certification |
Whether California 'fail[ed] or refuse[d] to act' on petitioners' requests within one year as Section 401 requires |
| 22-616 |
Turlock Irrigation District, et al. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2023-01-06 |
Denied |
administrative-procedure certification-request clean-water-act federal-environmental-law federal-jurisdiction one-year-rule pro-forma-letters section-401 waiver |
Whether a State can avoid waiving its one-year period of time in which to act on a request for certification under Section 401 of the Clean Water Act |
| 22-601 |
Peter Lake, Chairman, Public Utility Commission of Texas, et al. v. NextEra Energy Capital Holdings, Incorporated, et al. |
Fifth Circuit |
2022-12-30 |
Denied |
commerce-clause federal-energy-regulatory-commission incumbent-utilities police-power public-utilities state-regulation transmission-lines utility-regulation |
Whether States may exercise their core police power to regulate public utilities by recognizing a preference for allowing incumbent utility companies … |
| 22A562 |
Nevada Irrigation District, et al. v. Federal Energy Regulatory Commission, et al. |
Ninth Circuit |
2022-12-21 |
Presumed Complete |
None |
|
| 22A467 |
Turlock Irrigation District, et al. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2022-11-29 |
Presumed Complete |
None |
|
| 22-256 |
Cletus Woodrow Bohon, et al. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2022-09-19 |
GVR |
delegation district-court eminent-domain ferc non-delegation private-parties |
Whether a facial challenge to Congress's delegation of eminent domain power to private parties is properly filed in district court |
| 22-90 |
NGL Supply Wholesale, L.L.C. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2022-07-29 |
Denied |
administrative-law agency-deference auer-deference chevron-deference federal-energy-regulatory-commission judicial-review precedent-analysis regulatory-interpretation statutory-interpretation |
Did the D.C. Circuit err in deferring to FERC's interpretation of its own precedent? |
| 21A844 |
NGL Supply Wholesale, L.L.C. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2022-06-22 |
Presumed Complete |
None |
|
| 21-1064 |
Louisiana Public Service Commission v. Federal Energy Regulatory Commission |
District of Columbia |
2022-02-01 |
Denied |
administrative-law administrative-procedure contract energy energy-law ferc ferc-regulation judicial-review mobile-sierra-doctrine settlement settlement-contract tariff-interpretation |
When may FERC and a court interpret a tariff inconsistently with a settlement contract and utility filing letter? |
| 21-848 |
Spire Missouri Inc., et al. v. Environmental Defense Fund, et al. |
District of Columbia |
2021-12-07 |
Denied |
administrative-law agency-decision energy federal-energy-regulatory-commission judicial-review natural-gas public-interest remand remand-without-vacatur vacatur |
Whether remand without vacatur is the appropriate remedy where the record indicates that an agency's inadequately reasoned decision could be corrected… |
| 20-1484 |
SFPP, L.P. v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2021-04-22 |
Dismissed |
administrative-procedure-act agency-decision cost-of-service interstate-commerce-act pipeline-rates record-development substantial-evidence |
Whether a federal agency complies with the Administrative Procedure Act upon remand |
| 19-1376 |
Algignis, Inc. v. Federal Energy Regulatory Commission |
District of Columbia |
2020-06-15 |
Denied |
administrative-law administrative-state agency-jurisdiction catch-22 civil-rights environmental-law innovation innovation-barriers judicial-review private-enterprise regulatory-capture regulatory-risk standing standing-doctrine |
Do small, relatively unknown groups have standing to try to solve their own local environmental problems that the government has failed to solve? |
| 19-502 |
Richard Baatz, et al. v. Columbia Gas Transmission, LLC |
Sixth Circuit |
2019-10-18 |
Denied |
certificate-of-public-convenience due-process eminent-domain federal-energy-regulatory-commission land-use natural-gas-act property-rights regulatory-authority takings |
Whether the Natural Gas Act requires the holder of a Certificate of Public Convenience and Necessity to obtain by easement, contract, or eminent domai… |
| 19-257 |
California Trout, et al. v. Hoopa Valley Tribe, et al. |
District of Columbia |
2019-08-28 |
Denied |
certification certification-request circuit-conflict clean-water-act environmental-protection forum-shopping project-licensing section-401 state-authority waiver water-quality |
Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even … |
| 19-42 |
North Carolina Utilities Commission v. Federal Energy Regulatory Commission |
District of Columbia |
2019-07-05 |
Denied |
article-iii article-iii-standing federal-agency-orders federal-energy-regulatory-commission natural-gas-act parens-patriae procedural-rights quasi-sovereign-interests standing state-litigant state-standing |
Whether a state litigant has standing to challenge FERC orders under Massachusetts v. EPA when a federal statute provides the state procedural rights … |
| 18-983 |
City of Mackinac Island, Michigan, et al. v. Federal Energy Regulatory Commission |
District of Columbia |
2019-01-29 |
Denied |
administrative-law agency-deference chenery-doctrine federal-power-act judicial-review regulatory-agency retroactive-rate-increase retroactive-rate-increases statutory-construction |
Does the prohibition against retroactive rate increases set forth in Section 206(a) of the Federal Power Act foreclose a judicially created exception … |
| 18-879 |
Electric Power Supply Association, et al. v. John B. Rhodes, et al. |
Second Circuit |
2019-01-09 |
Denied |
energy-regulation federal-power-act ferc ferc-preemption just-and-reasonable-rates market-based-auctions preemption state-subsidies wholesale-electricity wholesale-electricity-markets |
Whether the Federal Power Act preempts state subsidies that lack an express requirement to sell in FERC-approved auctions but that, by design, subsidi… |
| 18-868 |
Electric Power Supply Association, et al. v. Anthony M. Star, et al. |
Seventh Circuit |
2019-01-08 |
Denied |
auction-rates federal-power-act ferc ferc-jurisdiction just-and-reasonable-rates market-rates preemption preemption-doctrine state-subsidies wholesale-electricity wholesale-electricity-markets |
Whether the Federal Power Act preempts state subsidies that lack an express requirement to sell in FERC-approved auctions but that, by design, subsidi… |
| 18-561 |
Orus Ashby Berkley, et al. v. Federal Energy Regulatory Commission, et al. |
Fourth Circuit |
2018-10-30 |
Denied |
15-usc-717r administrative-review administrative-review-scheme agency-action agency-order congressional-delegation constitutional-challenge delegation-of-power district-court district-court-jurisdiction non-delegation-doctrine separation-of-powers |
Is a delegation of Congressional power an 'agency order' or 'agency action' such that a party wishing to challenge that delegation must file that chal… |
| 18-548 |
Adorers of the Blood of Christ, United States Province, et al. v. Federal Energy Regulatory Commission, et al. |
Third Circuit |
2018-10-26 |
Denied |
administrative-procedure agency-action federal-energy-regulatory-commission judicial-review natural-gas-act religious-exercise religious-freedom-restoration-act standing |
Whether RFRA claims must be exhausted through administrative procedures before being asserted in court |
| 18-333 |
Old Dominion Electric Cooperative v. Federal Energy Regulatory Commission |
District of Columbia |
2018-09-14 |
Denied |
administrative-law discretion federal-energy-regulatory-commission ferc-discretion filed-rate-doctrine market-based-rate polar-vortex reliability retroactive-ratemaking |
Whether the court of appeals erroneously determined that the filed rate doctrine and the rule against retroactive ratemaking leave the Federal Energy … |
| 18-153 |
Louisiana Public Service Commission v. Federal Energy Regulatory Commission, et al. |
District of Columbia |
2018-08-03 |
Denied |
administrative-law cost-allocation energy-regulation federal-power-act ferc ferc-ratemaking ferc-refund-policy holding-company-cost-allocation preemption rate-making ratemaking refund regulatory-policy state-ratemaking supremacy-clause |
Given the text of a SCOTUS petition for writ of certiorari, the issue being raised is: May FERC deny a refund authorized by FPA Section 206(b) based o… |