DC Circuit Recent Opinions

Court Dismisses Challenge to EPA Renewable Fuel Standard Policy

The U.S. Court of Appeals for the D.C. Circuit dismissed petitions challenging the EPA's 2020 Renewable Fuel Standard percentage standards. The court found that subsequent developments have mooted the case, rendering the challenge no longer justiciable.

FAA Must Review Pilot Drug Test Refusal Determinations

The U.S. Court of Appeals for the D.C. Circuit ruled that the FAA must independently review airline determinations that pilots have refused drug tests. The court found the FAA arbitrarily and capriciously departed from its own procedures by not conducting such a review in this case.

BLM Wild Horse Management Plans Revision Ordered by D.C. Circuit

The D.C. Circuit Court of Appeals ruled that the Bureau of Land Management (BLM) must revise its ten-year wild horse management plans. The court found that the plans impermissibly allowed for indefinite removals without proper determination of excess horses or consultation, requiring BLM to clarify future gather processes.

FERC Order on Energy Resources in Capacity Auctions Affirmed

The U.S. Court of Appeals for the D.C. Circuit affirmed a Federal Energy Regulatory Commission (FERC) order concerning energy resources in capacity auctions. This decision upholds FERC's authority and previous rulings on the matter, impacting how energy resources are evaluated and procured in organized markets.

Court Dismisses IMM's Challenge to FERC's Ruling on PJM Meeting Access

The U.S. Court of Appeals for the D.C. Circuit dismissed a challenge brought by IMM against the Federal Energy Regulatory Commission's (FERC) ruling concerning access to PJM meetings. The court's decision upholds FERC's original determination.

Court Denies CenturyTel Review of NLRB Decision on Information Request

The U.S. Court of Appeals for the District of Columbia Circuit denied CenturyTel's petition for review of a National Labor Relations Board (NLRB) decision. The NLRB had found CenturyTel violated the National Labor Relations Act by failing to provide requested information to the International Brotherhood of Electrical Workers Local Union 768 regarding non-union technicians working within the union's jurisdiction.

Court finds FERC erred on capacity auction revision under FPA

The DC Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) erred in its reasoning for denying a review of a capacity auction revision. The court granted the petition for review, remanding the case for further consideration.

TSA Cybersecurity Authority Upheld

The U.S. Court of Appeals for the D.C. Circuit upheld the Transportation Security Administration's (TSA) authority to issue cybersecurity directives for airport operators. The court denied a petition for review filed by the Spokane Airport Board, affirming the TSA's regulatory power in this area.

Court Reviews FERC's TAPS Pipeline Tariff Ratemaking Authority

The U.S. Court of Appeals for the D.C. Circuit reviewed the Federal Energy Regulatory Commission's (FERC) ratemaking authority concerning the Trans Alaska Pipeline System (TAPS) tariffs. The court denied petitions from Petro Star Inc. and ConocoPhillips Alaska, upholding FERC's existing Quality Bank formula for valuing crude oil components.