News & Analysis as of

Federal Energy Regulatory Commission Enforcement Authority

Cadwalader, Wickersham & Taft LLP

Subscribe Proposed Bicameral Legislation to Broaden FERC’s Enforcement Jurisdiction over Trading Energy Commodities

Earlier this month members of Congress jointly introduced the “Energy Consumer Protection Act of 2023,” with the intention of expanding the Federal Energy Regulatory Commission’s (“FERC”) ability to address energy market...more

WilmerHale

Recent Developments in EJ Enforcement and Permitting

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The Biden Administration’s “whole of government” approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and environmental review strategies that could affect...more

Wiley Rein LLP

FERC: A Discussion on its Mission, Market Manipulation Investigations, and Common Violations

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Wiley partner Erik Baptist and Jeremy Medovoy, Deputy Director of FERC’s Division of Investigations, Office of Enforcement, break down the Federal Energy Regulatory Commission’s (FERC) mission and its anti-market manipulation...more

Pierce Atwood LLP

Energy Associations Call for More Transparency and Efficiency at FERC Enforcement

Pierce Atwood LLP on

On June 19, 2019, a group of natural gas and power trade associations filed a white paper with the Federal Energy Regulatory Commission (FERC) calling for more transparent and efficient enforcement investigations by the...more

McGuireWoods LLP

FERC Rescinds NAV Policy

McGuireWoods LLP on

This week, the Federal Energy Regulatory Commission (“FERC”) issued an order rescinding its Notice of Alleged Violation (“NAV”) Policy. The NAV Policy was put in place by a 2009 order and authorized FERC’s Office of...more

Akin Gump Strauss Hauer & Feld LLP

Akin Gump Lawyers Publish Law Journal Article Advocating that FERC Rescind a Controversial Enforcement Policy

In December 2009, the Federal Energy Regulatory Commission (FERC) introduced a new policy providing for early public disclosure of its enforcement investigations—including the identities of investigation subjects—by...more

Nutter McClennen & Fish LLP

FERC Investigations: Uncertainty Rules as More Entities Challenge in Federal Court: Insights from Nutter’s Matt Connolly

Legal Update - Matt Connolly, a senior associate in Nutter’s Litigation Department, addressed Federal Energy Regulatory Commission (FERC) investigations in Nutter Insights. Matt discussed what triggers a FERC...more

Akin Gump Strauss Hauer & Feld LLP

BP Case Reflects FERC’s Broad View of its Jurisdiction

On July 11, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued an order affirming an Administrative Law Judge’s (ALJ) Initial Decision finding that BP America (“BP”) and certain affiliated entities...more

Akin Gump Strauss Hauer & Feld LLP

BP Case May Again Test Limits of FERC’s “In Connection With” Enforcement Jurisdiction

A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more

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