On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more
10/16/2017
/ Dakota Access Pipeline ,
Easements ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Environmental Assessments ,
Infrastructure ,
Motion to Vacate ,
Native American Issues ,
NEPA ,
Pipelines ,
Remand ,
Tribal Lands ,
US Army Corps of Engineers
On Tuesday, August 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated and remanded an order by the Federal Energy Regulatory Commission (“FERC”) authorizing the construction and operation of the...more
On Tuesday, August 15, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Sierra Club’s petition for review of a U.S. Department of Energy (“DOE”) order authorizing long-term exports of liquefied...more
8/17/2017
/ Coal Industry ,
Department of Energy (DOE) ,
Energy Sector ,
Exports ,
FERC ,
Free Trade Agreements ,
Liquid Natural Gas ,
Natural Gas Act ,
NEPA ,
Oil & Gas ,
Sierra Club
On November 28, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) submitted comments on the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”)...more
12/9/2016
/ Department of Justice (DOJ) ,
Electricity ,
Energy Market ,
Energy Sector ,
Federal Power Act ,
Federal Trade Commission (FTC) ,
FERC ,
Market Power ,
Mergers ,
Notice of Inquiry ,
Power Purchase Agreements ,
Public Comment ,
Section 203 ,
Section 205
On November 4, 2016, the Commodity Futures Trading Commission (“CFTC” or the “Commission”) approved, by a 2 – 1 vote, a supplemental proposal (“Reg AT Supplemental Proposal”) that amends a 2015 proposed rule related to...more
On October 20, 2016, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an advanced notice of proposed rulemaking (“ANOPR”) seeking comments on potential revisions to (1) the Commission’s policies for...more
On Friday, June 17, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued an Order Assessing Civil Penalties against ETRACOM LLC (“ETRACOM”) and ETRACOM’s founding member and majority owner, Michael...more
7/5/2016
/ CAISO ,
Civil Monetary Penalty ,
Energy Market ,
Energy Sector ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Financial Instruments ,
Market Manipulation ,
Section 222 ,
Wholesale
On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission’s environmental review of the Sabine Pass LNG and Freeport LNG...more
7/1/2016
/ Department of Energy (DOE) ,
Energy Projects ,
Environmental Assessments ,
Exports ,
FERC ,
Liquid Natural Gas ,
Natural Gas ,
NEPA ,
Oil & Gas ,
Pipelines ,
Sabine Oil and Gas ,
Sierra Club
On February 5, 2016, the U.S. Department of Energy’s Office of Fossil Energy (“DOE/FE”) issued two orders to Bear Head LNG Corporation and Bear Head LNG (USA), LLC (together, “Bear Head LNG”), formally announcing DOE’s...more
On Wednesday, July 15, 2015, the Commodity Futures Trading Commission’s (“CFTC”) Division of Market Oversight (“DMO”) hosted a public roundtable to discuss the process to determine whether a swap must be executed on an...more
7/21/2015
/ CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Designated Contract Markets (DCMs) ,
DMO ,
EU ,
Financial Markets ,
Japan ,
Price Transparency ,
Regulatory Standards ,
Stock Exchange ,
Swap Execution Facilities ,
Swaps
On May 19, 2015, the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued an order in response to an application from Southwest Power Pool, Inc. (“SPP”) proposing to exempt three categories of SPP transactions...more
Can private litigants bring claims under the Commodity Exchange Act alleging manipulation in ERCOT’s energy markets? On February 3, the U.S. District Court for the Southern District of Texas answered “no,” granting...more
The Justices of the United States Supreme Court are not strangers to the retail versus wholesale distinction that often plagues FERC’s regulations. Indeed, on January 12, 2015 they heard arguments in Oneok v. Learjet...more
1/30/2015
/ Demand Response ,
Electricity ,
Energy Sector ,
Federal Power Act ,
FERC ,
ISOs ,
Market Participants ,
ONEOK v Learjet ,
Petition for Writ of Certiorari ,
Regulatory Standards ,
SCOTUS
Since our last update regarding the D.C. Circuit’s vacatur of FERC Order No. 745 in Electric Power Supply Ass’n v. FERC ( “EPSA”), several developments have occurred in EPSA and related proceedings. The appeals process and...more