PJM Power Providers Group v. FERC

  1. December 01, 2023

    3rd Circ. Lets Rule Stand In Case Where FERC Deadlocked

    The Third Circuit on Friday upheld a rule change allowing the nation's largest grid operator to no longer require state-backed renewable energy sources to meet a price floor in electricity capacity auctions, holding that the appellate court can review the Federal Energy Regulatory Commission deadlock that allowed the rule to take effect.

  2. January 10, 2023

    3rd Circ. Questions Law That Sent FERC Impasse To Court

    Third Circuit judges on Tuesday suggested that a 2018 law allowing judicial review of Federal Energy Regulatory Commission deadlocks may be unconstitutional, further complicating a fight over a rule change to electricity markets run by the nation's largest grid operator.

  3. January 03, 2023

    Riding Circuit: January's Notable Appellate Arguments

    Circuit courts will kick off 2023 with oral arguments by parties questioning the authority given to the Centers for Disease Control and Prevention, pushing back against U.S. Patent and Trademark Office policy on patent reviews and claiming Chinese nationals were wrongly targeted for alleged economic espionage.

  4. December 07, 2022

    3rd Circ. Rules FERC Can Defend Power Market Subsidy Rule

    The Federal Energy Regulatory Commission can defend a substantial energy market change resulting from a commission deadlock, a Third Circuit panel ruled Wednesday, rejecting a challenge to the agency's engagement in a case brought by power producers and two state utility regulators.

  5. September 20, 2022

    FERC Says Law Backs Its Defense Of Power Market Rule

    Since Congress considers commissioner deadlocks in the U.S. Federal Energy Regulatory Commission to be the same as agency actions, there's no reason FERC can't actively defend a power market rule change, the commission told the Third Circuit.

  6. September 08, 2022

    Power Cos. Blast FERC Role In Power Market Rule Fight

    Independent power producers want the Third Circuit to bar the Federal Energy Regulatory Commission from actively defending a major electricity market change in court, and they claim FERC Chairman Richard Glick abused his authority by trying to wage a defense without support from a majority of the commissioners.  

  7. August 29, 2022

    FERC Power Market Rule Fight Is Valid, 3rd Circ. Told

    Independent energy suppliers and utility regulators for Pennsylvania and Ohio have argued to the Third Circuit they have standing to fight a Federal Energy Regulatory Commission deadlock allowing the nation's largest grid operator to stop requiring a minimum price for state-backed energy sources at capacity auctions.