Courts

• 07/17/2008 - Pacific Legal Foundation Brief on Writ of Certiorari in Entergy Corporation, et al. v. Environmental Protection Agency, et al. - Brief Amicus Curiae of Pacific Legal Foundation in support of petitioners (including the Utility Water Act Group -- UWAG -- including EEI) on writ of certiorari to the United States Court of Appeals for the Second Circuit in the case "Entergy Corporation, et al., Petitioners, v. Environmental Protection Agency, et al., Respondents" filed in the Supreme Court of the United States, regarding section 316(b) of the Clean Water Act (U.S. Supreme Court Case Nos. 07-588, 07-589, & 07-597 (Consolidated)).

• 07/14/2008 - UWAG Brief on Writs of Certiorari in Entergy Corp., PSEG LLC and PSEG Nuclear LLC, and Utility Water Act Group v. Riverkeeper, Inc., et al. - Brief of Petitioner Utility Water Act Group (UWAG) on writs of certiorari to the United States Court of Appeals for the Second Circuit in the case, "Entergy Corp., PSEG LLC and PSEG Nuclear LLC, and Utility Water Act Group, Petitioners, v. Riverkeeper, Inc., et al., Respondents," filed in the Supreme Court of the United States, regarding section 316(b) of the Clean Water Act (U.S. Supreme Court Case Nos. 07-588, 07-589, & 07-597 (Consolidated)).

• 06/03/2008 - UARG Brief in Natural Resources Defense Council v. Environmental Protection Agency on Implementation of Ozone Standards - Brief of intervenor Utility Air Regulatory Group [UARG] in support of respondents in "Natural Resources Defense Council [NRDC], et al., Petitioners, v. United States Environmental Protection Agency [EPA], et al., Respondents" "On Petition for Review of Final Action of the United States Environmental Protection Agency" concerning implementation of the 8-hour national ambient air quality standards (NAAQS) for ozone, filed in the United States Court of Appeals for the District of Columbia Circuit (D. C. Circuit No. 06-1045 and consolidated cases).

• 05/15/2008 - UARG Response to Writ of Mandamus Petition in Commonwealth of Massachusetts, et al. v. United States Environmental Protection Agency - Response of respondent-intervenor, Utility Air Regulatory Group (UARG, including EEI), to the petition for a writ of mandamus filed with the United States Court of Appeals for the District of Columbia Circuit in the case “Commonwealth of Massachusetts, et al., Petitioners, v. United States Environmental Protection Agency, Respondent," regarding making a determination of endangerment from emissions of certain greenhouse gases from new motor vehicles (D.C. Circuit Case No. 03-1361 & consolidated cases).

• 03/24/2008 - Petition for rehearing of CAMR case - Petition for rehearing en banc of the Utility Air Regulatory Group (UARG, including member EEI) seeking review by the full U.S. Court of Appeals for the District of Columbia Circuit of a panel's February 8 decision which vacated EPA's delisting decision and Clean Air Mercury Rule. (Case No. 05-1097, State of NJ v. U.S. EPA)

• 01/29/2008 - Amicus Brief in American Farm Bureau Federation v U.S. EPA - Brief was submitted by Utility Air Regulatory Group (UARG,including member EEI) and other industry intervenor-respondents in the litigation of EPA's 2006 revised PM2.5 standards (D.C. Circuit Court of Appeals No. 06-1410). This brief supports EPA's decisions to retain the level of the annual primary PM2.5 NAAQS and to make the secondary PM2.5 NAAQS identical to the primary PM2.5 NAAQS.

• 08/15/2007 - Joint Motion to Intervene in Communities Against Regional Interconnect v. Federal Energy Regulatory Commission - Joint motion for leave to intervene of EEI, American Public Power Association (APPA), National Rural Electric Cooperative Association (NRECA), American Wind Energy Association (AWEA), and San Diego Gas & Electric Company (SDG&E), in the U.S. Court of Appeals for the District of Columbia Circuit case "Communities Against Regional Interconnect v. Federal Energy Regulatory Commission" in support of FERC's backstop siting authority for interstate transmission facilities (DC Circuit Court of Appeals No. 07-1272).

• 08/15/2007 - Joint Motion to Intervene in Minnesota Public Utilities Commission v. Federal Energy Regulatory Commission - Joint motion for leave to intervene of EEI, American Public Power Association (APPA), National Rural Electric Cooperative Association (NRECA), American Wind Energy Associaton (AWEA), and San Diego Gas & Electric Company (SDG&E), in the U.S. Court of Appeals for the District of Columbia Circuit case "Minnesota Public Utilities Commission v. Federal Energy Regulatory Commission" in support of FERC's backstop siting authority for interstate transmission facilities (DC Circuit Court of Appeals, No. 07-1271).

• 08/09/2007 - Joint Motion to Intervene in People of the State of New York and the Public Service Commission of the State of New York v. Federal Energy Regulatory Commission - Joint motion for leave to intervene of EEI, the American Public Power Association (APPA), National Rural Electric Cooperative Association (NRECA), American Wind Energy Association (AWEA), and San Diego Gas & Electric (SDG&E), in the U.S. Court of Appeals for the Second District case "People of the State of New York and the Public Service Commission of the State of New York v. Federal Energy Regulatory Commission" in support of FERC's backstop siting authority for transmission lines (Case No. 07-2983-ag).

• 08/08/2007 - Joint Motion to Intervene in Piedmont Environmental Council v. Federal Energy Regulatory Commission - Joint motion for leave to intervene of EEI, the American Public Power Association (APPA), National Rural Electric Cooperative Association (NRECA), American Wind Energy Association (AWEA), and San Diego Gas & Electric (SDG&E), in the U.S. Court of Appeals for the District of Columbia Circuit case "Piedmont Environmental Council v. Federal Energy Regulatory Commission" in support of FERC's backstop siting authority for transmission lines (DC Circuit No. 07-1651).

• 06/20/2007 - Motion to Intervene in Natural Resources Defense Council v. U.S. Environmental Protection Agency - Utility Air Regulatory Group (UARG, including EEI) motion for leave to intervene as respondent in the United States Court of Appeals for the District of Columbia Circuit case, Natural Resources Defense Council, petitioner, v. United States Environmental Protection Agency, respondent, challenging EPA's "Exceptional Events Rule" (DC Circuit No. 07-1151).

• 05/24/2007 - Brief in EEI v. Occupational Safety & Health Administration - Brief of petitioner EEI in the United States Court Of Appeals for The Third Circuit court case, Edison Electric Institute, Petitioner, v. Occupational Safety & Health Administration, Department Of Labor and Elaine L. Chao, Secretary, United States Department Of Labor, Respondents, for review of hexavalent chromium final rule (Case No. 06-2604).

• 05/18/2007 - Joint Brief in State of New Jersey, et al., v. U.S. Environmental Protection Agency - Joint brief of state respondent-intervenors, industry respondent-intervenors and state amicus, including EEI, in State of New Jersey, et al., Petitioners, v. United States Environmental Protection Agency, Respondent, in the U.S. Court of Appeals for the District of Columbia Circuit, on petition for review of the EPA final Clean Air Mercury Rule (CAMR) (Case No. 05-1097; and consolidated cases).

• 10/24/2006 - UARG Application for Further Extension to Petition Court in "State Of New York v. U.S. Environmental Protection Agency" - Utility Air Regulatory Group (UARG, including EEI) application for further extension of time to file a petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit in the case, "State of New York v. U.S. Environmental Protection Agency," in the Supreme Court of the United States, October Term, 2006, regarding EPA's "Equipment Replacement Provision" (ERP) rule (D.C. Circuit No 03-1380; Supreme Court No. 06A299).

• 09/15/2006 - Amicus Brief in Environmental Defense, et al., v. Duke Energy Corporation - Brief of the electric utility industry, including EEI, as amici curiae in support of respondent Duke Energy Corporation, on writ of certiorari to the United States Court of Appeals for the Fourth Circuit, in the U.S. Supreme Court case, Environmental Defense, et. al. v. Duke Energy Corporation, regarding how to define an emission increase under the NSR program (U.S. Supreme Court No. 05-848).

• 08/30/2006 - Joint Reply Brief in Utility Air Regulatory Group, et al., v. United States Environmental Protection Agency - Joint Reply Brief of industry petitioners, UARG (including EEI) and CEED, in the D.C. Circuit litigation, Utility Air Regulatory Group, et al. v. United States Environmental Protection Agency, regarding EPA's final best available retrofit technology (BART) rule, revisions and final BART guidelines (No. 05-1353 and Consolidated Cases).

• 11/25/2005 - Amicus Brief in S.D. Warren v. Maine Department of Environmental Protection - Amicus Brief of EEI, American Forest & Paper Association, American Public Power Association, National Hydropower Association, and Utility Water Act Group in support of S.D. Warren Company's petition for a writ of certiorari challenging that the mere flow of water through existing hydropower projects does not constitute a discharge (Maine Supreme Judicial Court No. 04-1527).

• 07/14/2004 - Opening Brief in EEI v. Occupational Safety and Health Administration, et al. - EEI opening brief in petition for review of OSHA's compliance directive number CPL 2-1.38 covering enforcement of 29 C.F.R. 1910.269 regarding 'lockout/tagout' procedures at power plants (D.C. Circuit Court of Appeals, No. 03-1280).

• 10/24/2003 - Amicus Brief in Florida Power & Light v. U.S. - Amicus brief of EEI, Mobile Machinery Coalition, National Rural Electric Cooperative Association, and American Gas Association in Florida Power & Light Company v. United States, challenging IRS imposition of certain federal highway taxes on formerly exempt mobile machinery equipment (Federal Circuit Court of Appeals, No. 03-5151).

• 03/03/2003 - Amicus Brief in Entergy Louisiana v. Louisiana PSC, U.S. Supreme Court - EEI amicus brief in support of Entergy Louisiana's petition for a writ of certiorari, challenging a state prudence review on the grounds that only FERC should be allowed to interpret and enforce the terms of filed multi-state system agreements (U.S. Supreme Court No. 02-299).

• 02/07/2003 - Amicus Brief in Atlantic City Electric Co., et al., v. FERC, D.C. Circuit Court of Appeals - EEI amicus brief in Atlantic City Electric Co., et al. v. FERC, regarding enforcement of a previous court ruling on the rights of PJM transmission owners to file rate changes and to withdraw from PJM membership without FERC approval (D.C. Circuit Court of Appeals, Nos. 97-1097, et al.).

• 11/17/2002 - Amicus Brief in Alliant Energy v. Wisconsin PSC, U.S. Supreme Court - Amicus brief of EEI, National Association of Manufacturers, American Gas Association, and National Association of Water Companies in support of Alliant Energy Corp.'s petition for a writ of certiorari regarding its challenge of the Wisconsin Utility Holding Company Act (U.S. Supreme Court No. 03-569).

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