This year’s Earth Week theme, “Our Power, Our Planet,” focuses on renewable energy, specifically “championing solar, wind, hydroelectric, geothermal, and tidal generated energy.”...more
5/2/2025
/ Clean Energy ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Executive Orders ,
Federal Funding ,
Geothermal Energy ,
Hydropower ,
Renewable Energy ,
Tax Credits ,
Trump Administration
On April 8th and 9th, President Trump issued five executive orders, a presidential proclamation, and a presidential memorandum that directly impact the energy industry.
This alert summarizes the key provisions and...more
Shortly after taking office, President Trump announced sweeping tariffs on several trading partners, including Canada, Mexico, and China, with plans to also impose tariffs on the European Union. This client alert unpacks...more
In a spate of executive orders and other actions over the last several weeks, the new administration has moved to exert unprecedented control over independent regulatory agencies, including the Federal Energy Regulatory...more
3/3/2025
/ Chevron Deference ,
Constitutional Challenges ,
Department of Energy (DOE) ,
Department of Government Efficiency (DOGE) ,
Department of Justice (DOJ) ,
Executive Orders ,
FERC ,
Government Agencies ,
OIRA ,
OMB ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
SCOTUS ,
Sunshine Act ,
Trump Administration
In his second week in office, President Trump fired Gwynne Wilcox (a member of the NLRB). The firing was communicated by an email sent from the Deputy Director of the Office of Presidential Personnel with a statement from the...more
2/17/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Department of Energy (DOE) ,
Executive Orders ,
FERC ,
Government Agencies ,
NLRB ,
Regulatory Reform ,
SCOTUS ,
Statutory Interpretation ,
Trump Administration
In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more
9/16/2024
/ Administrative Procedure Act ,
Ambiguous ,
Appeals ,
Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Restaurant Industry ,
SCOTUS ,
Statutory Interpretation ,
Tipped Employees
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
9/11/2024
/ Civil Monetary Penalty ,
Energy Sector ,
Federal Power Act ,
FERC ,
Jury Trial ,
Natural Gas Act ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment
On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set...more
7/3/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Tribal Governments ,
Tribal-State Gaming Compacts
On the last day of the 2023–24 term, the Supreme Court issued its decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System—and held that a claim under the Administrative Procedure Act does not accrue...more
At the tail end of the 2023–24 term, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—reversing the 40-year-old Chevron doctrine....more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
On June 7, 2024, the U.S. International Trade Commission (“USITC” or “Commission”) made a preliminary affirmative determination that there is a reasonable indication that the U.S. domestic industry that produces crystalline...more
On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more
On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment...more
5/16/2024
/ Administrative Procedure Act ,
Congressional Review Act ,
Cost Allocation ,
Electricity ,
Energy Sector ,
Federal Power Act ,
FERC ,
Final Rules ,
Notice of Proposed Rulemaking (NOPR) ,
Right of First Refusal ,
Transmission Planning ,
Utilities Sector
On July 28, 2023, the Federal Energy Regulatory Commission (FERC) issued its long awaited final rule, Order No. 2023, directing all public utility transmission providers to revise their pro forma generator interconnection...more