U.S. Supreme Court

Case Status


Docket Number



Cert. Denied


Case Updates

Cert. petition denied

January 19, 2010

NCLC files amicus brief in case regarding FERC authority under Federal Power Act

October 21, 2009

NCLC urged the Supreme Court to decide whether the Federal Energy Regulatory Commission (FERC) can approve a transmission facility in a national interest electric transmission corridor if the relevant state denied the application. Under the Federal Power Act, FERC has the authority to approve transmission facilities when states cannot or will not do so. In this case, the Fourth Circuit ruled that FERC can approve facilities only when there has been a one year delay in permitting decisions. In its brief, NCLC noted that under this interpretation, a state regulator could block any new transmission facility by merely issuing a timely denial, no matter how important the facility would be to the broader electrical grid, and no matter the regulator's reason. If FERC’s authority to streamline the process is not upheld, the country could face a growing energy crisis as the economy and energy demands grow.

Case Documents