News & Analysis as of

Penalties Natural Gas Act

Pierce Atwood LLP

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

Pierce Atwood LLP on

On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to...more

Troutman Pepper

FERC Rejects Attempts to Waive $75 Million in Pipeline Penalties During Storm Uri

Troutman Pepper on

On October 21, 2021, FERC denied multiple complaints against Panhandle Eastern Pipe Line Company, LP (“Panhandle”) regarding its refusal to waive all penalties associated with Operational Flow Orders (“OFO”) issued during the...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Decision on Statute of Limitations Governing SEC’s Recovery of Disgorgement Also Applies to FERC (but Practical...

On June 5, 2017, the U.S. Supreme Court, in Kokesh v. SEC, unanimously held that the Securities and Exchange Commission (SEC) cannot seek disgorgement of unjust profits obtained outside of the five-year statute of limitations...more

Moore & Van Allen PLLC

Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

Moore & Van Allen PLLC on

Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting...more

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