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D.C. Circuit Decision Underscores Jurisdictional Limits of FERC Project Reviews Under NEPA

On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a decision—Citizens Action Coalition of Indiana, Inc. v. Federal Energy Regulatory Commission, 125 F.4th 229 (2025) ("Citizens Action")—affirming...more

The Climate Report | Fourth Quarter 2024

New ESG regulations are expected to have a significant impact on disclosure and governance obligations for EU and non-EU companies alike, including extensive sustainability reporting and due diligence requirements on...more

Recent D.C. Circuit Decisions Urge FERC to Reconsider Its Analysis of Environmental Impacts for Natural Gas and LNG Projects

In a series of recent orders, the D.C. Circuit has renewed its prodding of the Federal Energy Regulatory Commission ("Commission" or "FERC") to strengthen its environmental reviews of proposed pipeline projects. On July 30,...more

FERC Affirms Expansion of its Affiliate Rules, Reflecting Greater Scrutiny Over Investments in Public Utilities

The Federal Energy Regulatory Commission ("Commission" or "FERC"), sustaining a previous order, holds that the appointment of a non-independent director by an investor to a utility's board creates a per se affiliate...more

FERC Signals Increased Scrutiny Over Affiliate Relationships

The Federal Energy Regulatory Commission ("Commission" or "FERC") holds that appointing an investor representative to a Public Utility Board results in an affiliate relationship independently of the amount of voting stock...more

FERC Proposes to Expand "Duty of Candor" Rule

On July 28, 2022, the Federal Energy Regulatory Commission (the "Commission" or "FERC") proposed a new rule which would significantly expand the existing "duty of candor" rule (found at 18 C.F.R. 35.41(b)) to apply to any...more

New NGL Pipeline and Renewable Generation Interconnection Settlements Highlight FERC's Expanded Enforcement Focus

On June 24, 2022, FERC issued orders approving settlement agreements resolving two investigations. The first involves whether a renewable generation developer, sPower Development Company, violated PJM Interconnection LLC's...more

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