Tag Archives: regulatory agency

Sixth Circuit Vacates EPA’s Determination Over Agency’s Interpretation of “Adjacent”

In a 2-1 decision, the Sixth Circuit in Summit Petroleum Corporation v. U.S. Environmental Protection Agency, Case Nos. 09-4348; 10-4572, vacated the EPA’s determination that Summit’s facilities constituted a single stationary source under the EPA’s Clean Air Act Title V permitting program.  Summit owns and operates a natural gas plant and connected production wells which … Continue Reading

The Sixth Circuit Reverses Dismissal Entered Under the Filed Rate Doctrine

In Williams v. Duke Energy, a group of plaintiffs sued Duke Energy, alleging that Duke Energy, a retail electric service provider, paid unlawful rebates to its large customers in exchange for those customers’ acquiescence to a rate-stipulation plan submitted to the Public Utilities Commission of Ohio (“PUCO”).  The district court dismissed plaintiffs’ complaint because, inter … Continue Reading