Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more
10/17/2023
/ Administrative Procedure Act ,
Biden Administration ,
Chevron Deference ,
Chevron v NRDC ,
Electricity ,
Fishing Industry ,
Judicial Review ,
National Marine Fisheries Service ,
Oral Argument ,
Petition for Writ of Certiorari ,
PURPA ,
Qualifying Facility ,
Regulatory Authority ,
Renewable Energy ,
SCOTUS ,
Split of Authority ,
Utilities Sector ,
Vessels
On December 30, 2022, FERC issued an order approving a stipulation between the Office of Enforcement and FirstEnergy Corp., which required FirstEnergy to pay a civil penalty and submit to compliance monitoring because...more
1/9/2023
/ Bribery ,
Compliance ,
Duty of Candor ,
Enforcement Actions ,
False Statements ,
Federal Power Act ,
FERC ,
Lobbyists ,
Public Utility ,
Reporting Requirements ,
Settlement
The Federal Energy Regulatory Commission (“FERC”) recently ruled that an investor is deemed an affiliate of a public utility if the investor has a seat on the public utility’s board of directors. This rule indicates...more
On March 25, 2020, the United States Court of Appeals for the Eighth Circuit upheld a Minnesota statute granting incumbent electric transmission owners a right of first refusal (ROFR) to construct, own, and maintain electric...more
Last fall, FERC assessed civil penalties against an electric marketer and trader for alleged market manipulation, and when the bill went unpaid asked a Federal court in California to enforce the penalties. At issue is (1)...more
On September 27, 2019, the Canada Energy Regulator (CER), formerly the National Energy Board (NEB), ordered Enbridge to terminate the open season process that had begun on August 2, 2019. The order terminates a controversial...more
10/8/2019
/ Canada ,
Common Carriers ,
Competitive Bidding ,
Crude by Rail ,
Energy Sector ,
FERC ,
Oil & Gas ,
Pipelines ,
Popular ,
Regulatory Authority ,
Service Agreements ,
Shipping ,
Tariffs
On October 1, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued three new rules to promote pipeline safety. The first, the MAOP Reconfirmation Rule, is the result of Congressional mandates,...more
10/4/2019
/ Crude Oil ,
Emergency Orders ,
Final Rules ,
Hazardous Substances ,
Liquid Natural Gas ,
New Rules ,
NPRM ,
NTSB ,
Oil & Gas ,
Petroleum ,
PHMSA ,
Pipelines ,
PIPES Act ,
Transmission Lines
On September 19, 2019, a divided Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) in which it proposed significant changes to its regulations implementing sections 201 and 210 of the...more
On August 9, 2019, the Environmental Protection Agency (EPA) proposed to update its regulations implementing Section 401 of the Clean Water Act (CWA). Section 401 allow state and tribal regulators to “veto” a federal permit...more
On July 18, 2019, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 860, a final administrative rule that changes information submission requirements for “Sellers” with market-based rate (“MBR”)...more
Two sets of states interpret and implement the Clean Water Act (“CWA”), the nation’s premier water pollution statute, in significantly different ways. The CWA applies to the nation’s “navigable waters,” which is further...more