Kenneth W. Irvin

FERC Staff Seeks Comments on Its Proposal for a Process to Advise the EPA
Sohair Ahmadi,Kenneth W. Irvin,Joseph B. Williams, February 10, 2012
On January 30, 2012, the Federal Energy Regulatory Commission (“FERC” or “Commission”) staff issued a White Paper explaining staff’s proposal on advising the Environmental Protection Agency (“EPA”) in responding to requests for an extension of time to...

Montana Consumer Counsel v. Federal Energy Regulatory Commission
Kenneth W. Irvin,Sarah Tucker,Joseph B. Williams, October 31, 2011
On October 13, 2011, the U.S. Court of Appeals for the Ninth Circuit held that the market-based rate policy embodied in FERC Order No. 697 and FERC Order No. 697-A does not exceed FERC's authority as conferred by the FPA. Under Order 697, which became effective in September 2007, sellers who apply...

American Electric Power Co. v. Connecticut: The Supreme Court Bars Tort Lawsuits Challenging Greenhouse Gas Emissions
Athena Eastwood,Kenneth W. Irvin,David F. Williams,Joseph B. Williams, July 18, 2011
On June 20, 2011, the U.S. Supreme Court unanimously held that the Clean Air Act, and the authority it confers on the U.S. Environmental Protection Agency (EPA) to regulate emissions of carbon dioxide and other greenhouse gases, “displaces” any federal common law right of state,...