News & Analysis as of September 19, 2024

Supreme Court of the United States › Federal Power Act

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Client Alert: Under Jarkesy, FERC’s Penalty Assessment Schemes Are Unconstitutional

Jenner & Block on 9/11/2024

In SEC v. Jarkesy, the Supreme Court considered whether the Seventh Amendment permits the SEC “to compel respondents to defend themselves before the agency rather than before a jury in federal court.” The Court held that the...more

Beyond Chevron: The Future Of FERC’s Authority In A Post-Deference Era

Balch & Bingham LLP on 8/29/2024

On June 28, 2024, the Supreme Court overruled Chevron in Loper-Bright Enterprises v. Raimondo, fundamentally altering the judicial approach to agency interpretations of the law, particularly when assessing an agency’s scope...more

Post-Chevron Judicial Review of FERC Decisions

Venable LLP on 7/9/2024

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more

Supreme Court Limits the Use of Federal Administrative Law Judges; Related FERC Cases Pending

Steptoe & Johnson PLLC on 5/12/2023

On April 14, 2023, the U.S. Supreme Court issued an opinion that is expected to result in historic changes to the Federal Energy Regulatory Commission’s (FERC) use of in-house administrative law judges (ALJs). In Axon...more

Power companies ask Supreme Court to strike down nuclear power subsidies; Supreme Court denies petitions for writs of certiorari...

Bricker Graydon LLP on 4/16/2019

Update: On April 15, 2019, the U.S. Supreme Court denied, without decision, two petitions for writs of certiorari that were filed by one of the nation’s leading trade associations representing independent power producers....more

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

Akin Gump Strauss Hauer & Feld LLP on 6/8/2017

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

The Supreme Court May Review Whether Regulatory Enforcement Actions Seeking Disgorgement are Subject to a Five-Year Statute of...

Cadwalader, Wickersham & Taft LLP on 1/5/2017

Federal regulatory agencies, such as the Securities and Exchange Commission (“SEC”), the Commodity Futures Trading Commission (“CFTC”), and the Federal Energy Regulatory Commission (“FERC”), have the authority to impose...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

Pillsbury Winthrop Shaw Pittman LLP on 8/4/2016

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

New Energy Opportunities in CAISO: Aggregation of Behind-the-Meter Resources and Participation in Wholesale Energy Markets

Wilson Sonsini Goodrich & Rosati on 6/8/2016

Six months ago, the U.S. Supreme Court issued its decision in EnerNoc v. Electric Power Supply Association, 577 U.S. ___ (2016), holding that the Federal Power Act (FPA) provides the Federal Energy Regulatory Commission...more

Legal Battle Over Energy Savings Continues to Simmer

McNees Wallace & Nurick LLC on 5/31/2016

Each month, electric bills arrive like clockwork. For large commercial and industrial businesses, especially those that are energy-intensive, these electric bills can represent a sizeable portion of a business’s monthly...more

Implications for the Power Sector of Recent Rulings by U.S. Supreme Court and FERC

Pillsbury Winthrop Shaw Pittman LLP on 5/19/2016

One of the most important issues currently facing the power industry is the potential conflict between federal and state roles in power supply planning. Two recent developments at the federal level bear directly on this...more

Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program

Moore & Van Allen PLLC on 5/16/2016

In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale...more

U.S. Supreme Court Invalidates Maryland Program that Supplements FERC-Approved Capacity Payments

Orrick, Herrington & Sutcliffe LLP on 4/28/2016

In a unanimous opinion issued on April 19, the U.S. Supreme Court invalidated a Maryland program designed to incentivize construction of a new natural gas plant. The Court concluded that the program infringed upon the...more

Supreme Court Invalidates Maryland Power Plant Subsidy Program and Reaffirms FERC’s Exclusive Authority Over Wholesale Capacity...

Akin Gump Strauss Hauer & Feld LLP on 4/26/2016

On April 19, 2016, for the second time in three months, the Supreme Court of the United States reaffirmed the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over the formation of wholesale rates in...more

Supreme Court Rejects Maryland Power Plant Subsidies, But Signals Permissible Ways for States to Incentivize New Plants

Davis Wright Tremaine LLP on 4/22/2016

In recent years, Maryland attempted to subsidize new power plants by guaranteeing prices for generating capacity at wholesale auctions administered by PJM Interconnection L.L.C. (PJM). Tuesday, the Supreme Court unanimously...more

The Supreme Court - April 2016 #3

Dorsey & Whitney LLP on 4/21/2016

The Supreme Court of the United States issued decisions in two cases on April 19, 2016: Hughes v. Talen Energy Marketing, LLC, No. 14-614: Congress, though the Federal Power Act (“FPA”), 16 U.S.C. §791a et seq., vested...more

Supreme Court Hands FERC Win on Authority Over Capacity Markets

Stinson LLP on 4/21/2016

With its decision on Tuesday, April 20 in Hughes v. Talen Energy Marketing, the Supreme Court issued its second significant holding of the year on the reach of federal authority over interstate wholesale sales markets. The...more

Supreme Court Affirms Invalidation of Maryland's Program to Incentivize New Power Generation

Ballard Spahr LLP on 4/20/2016

The U.S. Supreme Court, in a narrowly crafted opinion by Justice Ginsburg, has unanimously invalidated Maryland's program to promote construction of new natural gas capacity by guaranteeing new generating capacity. The...more

Supreme Court Decides Hughes v. Talen Energy Marketing, LLC

Faegre Drinker Biddle & Reath LLP on 4/20/2016

On April 19, 2016, the United States Supreme Court decided Hughes v. Talen Energy Marketing, LLC, No. 14-614, holding that Maryland’s program that provided subsidies to a new electricity generator through state-mandated...more

Energy Sector Alert Series: Appellate Courts Hearing More Energy Cases

WilmerHale on 3/18/2016

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

Supreme Court Ruling Spurs Energy Storage Possibilities

Kilpatrick Townsend & Stockton LLP on 2/24/2016

On January 25, 2016, the Supreme Court issued a landmark decision (“Decision”) -- reversing the D.C. Circuit’s vacatur of Federal Energy Regulatory Commission (“FERC”) Order 745, which provides crucial market incentives for...more

Renewable Energy Case Law Update

Jackson Walker on 2/11/2016

This case law update describes a selection of renewable energy cases from 2015. It is not intended to address all renewable energy cases over the previous year, but rather, highlight a few that are more likely to be of...more

DWT Energy Update

Davis Wright Tremaine LLP on 2/9/2016

On January 25, 2016, the U.S. Supreme Court, in a 6-2 decision authored by Justice Kagan and supported by the Chief Justice, reversed the D.C. Circuit’s holding that the Federal Energy Regulatory Commission (FERC) intruded on...more

Supreme Court Rules that FERC Wholesale Markets Can Compensate Demand Response Providers

Cozen O'Connor on 2/8/2016

In late January, the Supreme Court issued a decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., 577 U.S. __, slip. op. (2016) upholding Federal Energy Regulatory Commission (FERC)...more

Supreme Court Affirms FERC Demand Response Authority

Mintz - Energy & Sustainability Viewpoints on 2/3/2016

Last week, the Supreme Court handed down a ruling affirming that federal regulators may encourage large electricity users to reduce consumption at peak times in exchange for price breaks, a practice known as “demand...more

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Supreme Court of the United States › Federal Power Act

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