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
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
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