| 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… |
| 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… |
| 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 |
|
| 22-616 |
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 |
| 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 |
|
| 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 |
| 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 |
| 18-153 |
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… |