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AMERICAN CLEAN POWER ASSOCIATION v. FERC

No. 20-1453.

54 F.4th 722 (2022)

AMERICAN CLEAN POWER ASSOCIATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent D. E. Shaw Renewable Investments, L.L.C., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 2022.

Attorney(s) appearing for the Case

Gabriel Tabak argued the cause and filed the briefs for petitioner.

Bruce A. Grabow and Jennifer Brough were on the joint briefs for intervenors in support of petitioner.

Robert M. Kennedy , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor.

Christopher R. Jones argued the cause for intervenors in support of respondent. With him on the joint brief were Miles H. Kiger , Wendy N. Reed , Wendy B. Warren , Matthew J. Binette , and Ilia Levitine . Kari Valley entered an appearance.

Opinion concurring in part and dissenting in part by Circuit Judge Rao.

This case is the latest episode in a long-running dispute over how to fund upgrades to power lines. On one side are owners and operators of power lines; we'll call them "transmission owners." On the other side are power generators.

In the orders on review, FERC ruled for the transmission owners. That decision might...

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