On September 5, 2023, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in Solar Energy Industries Association v. FERC, held that the Public Utility Regulatory Policy.
On September 5, 2023, the Ninth Circuit issued an order in SEIA v. FERC, remanding, without vacatur, the Federal Energy Regulatory Commission's (FERC) revised PURPA regulations implemented through Order No. 872.
We previously indicated that "[t]he March 8, 2022 SEIA v. FERC oral argument on FERC's PURPA reform rule – Order No. 872 – resulted in a somewhat unexpected lesson.