Black Oak Energy, LLC v. Federal Energy Regulatory Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Federal Energy Regulatory Commission’s orders requiring the regional transmission organization to recoup funds were arbitrary and capricious because the Commission failed to explain why recouping funds was warranted
• declining to vacate agency action when \plausible that [agency] can redress its failure of explanation on remand while reaching the same result\
• remanding without vacatur where it was “plausible that FERC can redress its failure of explanation on remand while reaching the same result”
• remanding without vacatur where it was “plausible that FERC can redress its failure of explanation on remand while reaching the same result”
• declining to vacate agency action when 9 “plausible that [agency] can redress its failure of explanation on remand while reaching the same result”
• remanding without vacatur to avoid “significant transaction costs” from “the whole cycle . . . repeat[ing] itself”

Source: CourtListener parenthetical corpus (CC0).