U.S. Court of Appeals for the Ninth Circuit

Case Status


Case Updates

Ninth Circuit remands, without vacating, Federal Energy Regulatory Commission’s updates to its regulations under the Public Utility Regulatory Policies Act of 1978

September 05, 2023

The court held that the updates complied with PURPA and the Administrative Procedure Act, but that FERC violated the National Environmental Policy Act. The U.S. Chamber filed an amicus brief in favor of upholding the regulatory updates.

U.S. Chamber files amicus brief urging Ninth Circuit to reject challenges to Federal Energy Regulatory Commission’s (FERC’s) recent updates to its regulations implementing the Public Utility Regulatory Policies Act of 1978 (PURPA)

November 22, 2021

Click here to view the brief. The Chamber regards FERC’s PURPA reforms as necessary and reasonable measures to reflect the profound transformation of our nation’s energy production, transmission, and distribution systems since PURPA was enacted in 1978.

Elbert Lin of Hunton Andrews Kurth LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents