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Report of the Judicial Review Committee

Energy Law Journal, January 1, 2012 | Article details

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Report of the Judicial Review Committee


This report summarizes cases reviewing decisions by the Federal Energy Regulatory Commission (FERC) and other cases pertinent to energy regulation. The time frame covered by this report is January 2011 through December 2011.*

I. ADMINISTRATIVE LAW

A. Displacement of Federal Common Law

In American Electric Power Co. v. Connecticut, the United States Supreme Court held that the statutory delegation of authority to the Environmental Protection Agency (EPA) to regulate emissions of carbon dioxide and other greenhouse gases under the Clean Air Act (CAA) displaces federal common law public nuisance claims brought by governmental and private entities against operators of …

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