During the Federal Energy Regulatory Commission's (FERC) open meeting on April 17, 2025, Chairman Mark Christie vigorously criticized PJM Interconnection LLC (PJM) for arguing that its regional transmission project approval...more
4/22/2025
/ Constitutional Challenges ,
Devon Energy Production v Sheppard ,
Energy Projects ,
FERC ,
PJM ,
Preemption ,
Regulatory Authority ,
State and Local Government ,
Transmission Lines ,
Transmission Planning ,
Utilities Sector
President Donald Trump issued an executive order (EO) titled "Zero-Based Regulatory Budgeting to Unleash American Energy" that directs the Federal Energy Regulatory Commission (FERC) and three other federal agencies to...more
4/16/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Deregulation ,
Energy Sector ,
Executive Orders ,
FERC ,
Loper Bright Enterprises v Raimondo ,
Notice and Comment ,
Regulatory Requirements ,
Rulemaking Process ,
Sunset Provisions ,
Trump Administration
President Donald Trump issued an executive order (EO) on April 8, 2025, titled "Strengthening the Reliability and Security of the United States Electric Grid." The order marks a significant step in addressing the growing...more
4/15/2025
/ Critical Infrastructure Sectors ,
Data Centers ,
Department of Energy (DOE) ,
Electricity ,
Energy Policy ,
Energy Sector ,
Executive Orders ,
Federal Power Act ,
FERC ,
Infrastructure ,
National Security ,
Power Grid ,
Regulatory Reform ,
Trump Administration
The Federal Energy Regulatory Commission (FERC or Commission) on Feb. 20, 2025, initiated a review of issues associated with the co-location of large loads (such as data centers) at generating facilities in the PJM...more
2/26/2025
/ Capacity Market ,
Cost Allocation ,
Data Centers ,
Energy Policy ,
Energy Sector ,
FERC ,
Infrastructure ,
Order to Show Cause ,
PJM ,
Reliability Standards ,
Transmission Grid
Co-located load – will it help keep the lights on when the impending onslaught of new electrical load hits the nation's grid in the upcoming years? Questions regarding an aging grid that is being stretched thin and whether...more
11/11/2024
/ Data Centers ,
Economic Development ,
Energy Sector ,
FERC ,
Independent Power Producers (IPPs) ,
ISOs ,
Jurisdiction ,
National Security ,
Power Grid ,
Public Utilities Commission ,
Regulatory Standards ,
RTO ,
Technical Conference
For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more
10/12/2023
/ Climate Change ,
Comment Period ,
Department of Environmental Conservation ,
Energy Projects ,
Green Energy ,
Greenhouse Gas Emissions ,
Hazardous Waste ,
Land-Use Permits ,
Liquid Natural Gas ,
Oil & Gas ,
Permits ,
Proposed Rules ,
Water Supplies
The U.S. Court of Appeals for the Ninth Circuit on Sept. 5, 2023, issued a critical ruling upholding certain reforms the Federal Energy Regulatory Commission (FERC) issued in 2020 to its regulations implementing the federal...more
9/8/2023
/ Administrative Procedure Act ,
Chevron v NRDC ,
Energy Market ,
Energy Reform ,
Energy Sector ,
FERC ,
ISOs ,
NEPA ,
PURPA ,
Renewable Energy ,
RTO ,
Utilities Sector
The Federal Energy Regulatory Commission (FERC or Commission) on June 15, 2023, finalized a rule requiring interstate electric transmission providers to file one-time informational reports assessing the susceptibility of...more
At its open monthly meeting on March 16, 2023, the Federal Energy Regulatory Commission (FERC) approved a new cybersecurity standard proposed by the North American Electric Reliability Corporation (NERC) to address the supply...more
3/21/2023
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Federal Power Act ,
FERC ,
Infrastructure ,
NERC ,
Regulatory Standards ,
Risk Assessment ,
Risk Mitigation ,
Supply Chain ,
Utilities Sector
The U.S. Supreme Court issued a long-anticipated ruling on June 30, 2022, regarding the authority of the U.S. Environmental Protection Agency (EPA) and other federal agencies to regulate greenhouse gas emissions from power...more
7/1/2022
/ Administrative Authority ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Power Plants ,
Regulatory Agencies ,
Regulatory Oversight ,
SCOTUS
The Federal Energy Regulatory Commission (FERC) issued an important Notice of Proposed Rulemaking (NOPR) regarding its generator interconnection procedures and agreements. This NOPR, issued on June 16, 2022, follows FERC's...more
New York Gov. Kathy Hochul announced a plan on Jan. 5, 2022, to strengthen the state's renewable energy leadership as part of the 2022 State of the State. The governor announced a commitment to invest $500 million to further...more
1/11/2022
/ Economic Development ,
Energy Projects ,
Green Finance ,
Job Creation ,
Offshore Wind ,
Ports ,
Power Infrastructure ,
Renewable Energy ,
State and Local Government ,
State Funding ,
Supply Chain ,
Wind Power
In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent...more
7/2/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Delegation Authority ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Right of Way ,
SCOTUS ,
Sovereign Immunity
Starting this fall, the Federal Energy Regulatory Commission (FERC) will implement new rules affecting wholesale electricity sellers that have obtained (or will obtain) market-based rate (MBR) authority from the Commission....more
The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more
3/3/2021
/ Administrative Review ,
Biden Administration ,
Determination of Need (DoN) ,
Electricity ,
Eminent Domain ,
Energy Projects ,
Energy Sector ,
Environmental Impact Statements ,
Environmental Justice ,
FERC ,
Natural Gas ,
Natural Gas Act ,
Notice of Inquiry ,
Oil & Gas ,
Pipelines ,
Policy Statement ,
Property Owners ,
Public Comment ,
Public Policy ,
Social Justice Issues ,
Utilities Sector
Some of America's largest energy customers issued an unprecedented policy statement, advocating that the federal government implement ambitious policies to modernize the electric grid, expand access to organized wholesale...more
In July, New York Gov. Andrew M. Cuomo announced the most ambitious combined clean energy solicitation in the United States.1 As such, the New York State Energy Research and Development Authority (NYSERDA) issued the largest...more
This newsletter provides a look around the corner, highlighting top issues and emerging opportunities for the private sector.
This edition covers, among other relevant topics, a number of recent U.S. political developments...more
7/23/2020
/ Climate Change ,
Energy Sector ,
Environmental Policies ,
Gulf of Mexico ,
Mexico ,
Natural Resources ,
Offshore Wind ,
Pending Legislation ,
PFAS ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury ,
Waters of the United States
The U.S. Department of Energy (DOE) has taken the first major step towards implementing the recent Executive Order (EO) from the Trump Administration that seeks to protect the national bulk-power system (BPS) from foreign...more
The U.S. Department of the Treasury notified the U.S. Senate Committee on Finance this week that it will extend the continuity safe harbor requirements for renewable energy projects that must be placed in service by certain...more
President Donald Trump signed Executive Order 139201 on May 1, 2020, declaring a national emergency in order to secure the nation's bulk-power system. The president's order explains that such systems are threatened by foreign...more
5/7/2020
/ China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Energy (DOE) ,
Energy Sector ,
Executive Orders ,
Government Investigations ,
National Security ,
Power Grid ,
Russia ,
Section 232 ,
U.S. Commerce Department
In an eight-part series, we will examine initiatives outlined in recent congressional Democratic climate proposals, particularly the Climate Leadership and Environmental Action for our Nation's (CLEAN) Future Act introduced...more
In an eight-part series, we will examine initiatives outlined in recent congressional Democratic climate proposals, particularly the Climate Leadership and Environmental Action for our Nation's (CLEAN) Future Act introduced...more
The Internal Revenue Service (IRS) issued recent guidance regarding construction of commercial solar energy properties and other qualified energy properties for purposes of claiming the Investment Tax Credit (ITC), the key...more
9/10/2018
/ Commercial Property Owners ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
New Guidance ,
Popular ,
Production Tax Credit ,
Renewable Energy ,
Solar Energy ,
Solar Panels ,
Tax Credits ,
Tax Extensions