Important Case Laws

1. Piedmont Environmental Council v. FERC (2009)

In this case, the United States Court of Appeals for the Fourth Circuit examined FERC's authority to issue permits for interstate transmission facilities under Section 216 of the Federal Power Act. The court rejected FERC's interpretation that a state's timely denial of a permit application constituted withholding approval for more than one year. It also found that FERC had failed to consult the Council on Environmental Quality before amending its NEPA regulations.

Legal principle: Federal transmission-siting authority must remain within the limits established by Congress, and agencies must follow applicable environmental-review procedures. <Link url="https://www.ca4.uscourts.gov/opinions/published/071651.p.pdf" title="Read the judgment"/>.

2. California Wilderness Coalition v. Department of Energy (2011)

The United States Court of Appeals for the Ninth Circuit reviewed federal actions concerning electricity transmission congestion studies and the designation of National Interest Electric Transmission Corridors. The court vacated the challenged congestion study and corridor designations because the Department of Energy had failed to comply with statutory state-consultation requirements and NEPA.

Legal principle: Federal authorities must consider environmental obligations and follow statutory consultation procedures when designating transmission corridors. <Link url="https://law.justia.com/cases/federal/appellate-courts/ca9/10-71271/1071271-2011-01-11.html" title="Read the judgment"/>.

3. Kelo v. City of New London (2005)

The Supreme Court considered the meaning of public use under the Fifth Amendment's Takings Clause in a dispute involving compulsory acquisition for economic redevelopment. Although the case did not concern transmission infrastructure, it provides constitutional background for analysing compulsory acquisition. Transmission projects must still establish the applicable statutory power to acquire land and comply with the relevant compensation requirements.

Legal principle: Public infrastructure development must operate within the constitutional framework governing compulsory acquisition and private property.

Contemporary Regulatory Developments

FERC issued Order No. 1977 in May 2024 to update its procedures for applications to site interstate electric transmission facilities under Section 216 of the Federal Power Act, as amended by the Infrastructure Investment and Jobs Act of 2021. The rule addresses landowner engagement, public participation, Tribal engagement, and environmental information requirements. FERC subsequently issued Order No. 1977-A in October 2024, clarifying aspects of the framework, including engagement concerning rights-of-way on Tribal lands. <Link url="https://www.ferc.gov/explainer-siting-interstate-electric-transmission-facilities" title="Read FERC's official explanation"/>.

Conclusion

Transmission Siting and Permitting Law establishes the procedures through which electricity transmission projects receive legal approval. The framework balances grid reliability, infrastructure investment, environmental protection, property rights, public participation, and federal-state relations. The Federal Power Act defines regulatory authority, NEPA governs qualifying federal environmental review, and state laws frequently determine the location and conditions of transmission facilities. Cases such as Piedmont Environmental Council v. FERC and California Wilderness Coalition v. Department of Energy demonstrate that transmission development must comply with statutory limits, consultation requirements, and environmental obligations. Transparent permitting, lawful land acquisition, and accountable regulatory decisions remain central to sustainable transmission infrastructure development.