NATIONAL ASS'N OF REGULATORY UTIL. COM'RS v. FERC

No. 19-1142 Consolidated with 19-1147.

964 F.3d 1177 (2020)

NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Transmission Access Policy Study Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 2020.


Attorney(s) appearing for the Case

Jennifer M. Murphy argued the cause for petitioner National Association of Regulatory Utility Commissioners. With her on the briefs was James Bradford Ramsay , Washington, DC.

Dennis Lane argued the cause for petitioners American Public Power Association, et al. With him on the briefs was M. Denyse Zosa .

Cynthia S. Bogorad and William S. Huang , Washington, DC, were on the brief for intervenor Transmission Access Policy Study Group in support of petitioners. Jeffrey M. Bayne entered an appearance.

Anand R. Viswanathan , Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. With him on the brief were James P. Danly , General Counsel, Robert H. Solomon , Solicitor, and Jared B. Fish , Attorney.

Kim Smaczniak , Charles Carter Hall , Michael Panfil , and John N. Moore were on the joint brief for Industry intervenors in support of respondent. Vickie Patton entered an appearance.

Heather Curlee , Jeffery S. Dennis , and Andrew O. Kaplan , Boston, MA, were on the joint brief for intervenors Solar Energy Industries Association, et al. in support of respondent. Todd Glass , Gary Greenstein , and Randall S. Rich , Washington, DC, entered appearances.

Xavier Becerra , Attorney General, Office of the Attorney General for the State of California, Robert W. Byrne , Senior Assistant Attorney General, Harrison Pollak , Acting Senior Assistant Attorney General, David A. Zonana , Supervising Deputy Attorney General, Dennis L. Beck Jr. , Theodore McCombs , and M. Elaine Meckenstock , Deputy Attorneys General, Maura Healey , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Liam J. Paskvan and Megan M. Herzog , Special Assistant Attorneys General, Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, Dana Nessel , Attorney General, Office of the Attorney General for the State of Michigan, and Peter F. Neronha , Attorney General, Office of the Attorney General for the State of Rhode Island, were on the brief for amici curiae Commonwealth of Massachusetts, et al. in support of respondent.

Samuel T. Walsh and Jason Neal were on the brief for amici curiae Sunrun, Inc., et al. in support of respondent.

Before: Rogers, Garland and Wilkins, Circuit Judges.


In this consolidated action, the Court must once again referee the Federal Power Act's jurisdictional line separating the Federal Energy Regulatory Commission's jurisdiction over the federal wholesale market and States' jurisdiction over facilities used in local distribution. This time, Petitioners argue FERC is off-sides...

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