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
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 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 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