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

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

Client Alert: FERC Order No. 2023: Implications and Unanswered Questions

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

Existing Clean Power and Eligibility for Hydrogen Production Tax Credits: “Additionality” Doesn’t Add Up

The Inflation Reduction Act promises to transform the energy sector in many ways, but among the most exciting is the hydrogen production tax credit, which provides a production tax credit, over a ten year period beginning...more

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