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Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?

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

FERC Approves Multi-Million Dollar Settlement Over Inaccurate Reporting of Lobbying Expenses

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

FERC Increases Regulatory Oversight of Investors With Officers or Directors on Public Utilities’ Boards

​​​​​​​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

Eighth Circuit Upholds Minnesota Incumbent Utilities’ Right of First Refusal to Build and Own Transmission Facilities that Connect...

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

FERC Asks a Federal Court to Enforce Civil Penalties against a Marketer and Trader

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

Enbridge Open Season Terminated by Canada Energy Regulator

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

PHMSA Issues Three New Rules to Promote Pipeline Safety

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

FERC Proposes Major Changes to PURPA Regulations

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

EPA Proposes to Update Clean Water Act Section 401 Regulations

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

FERC Issues Order No. 860: Changes Data Collection Requirements for Market Based Rate Sellers

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

WOTUS Operandi: The Clean Water Act’s Bifurcated Regulatory Regime and Why it Matters

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

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