In Short -
The Background: As voluntary carbon credits ("VCCs") have grown in popularity, questions about their integrity and quality have arisen for investors and among regulators and lawmakers. For this reason, many have...more
12/14/2023
/ Carbon Emissions ,
Carbon Pricing ,
CFTC ,
Derivatives ,
Designated Contract Markets (DCMs) ,
Energy Market ,
Financial Institutions ,
Financial Markets ,
Financial Services Industry ,
Greenhouse Gas Emissions ,
Investment ,
Proposed Guidance ,
Risk Management ,
SEFs
The Federal Energy Regulatory Commission ("Commission" or "FERC"), sustaining a previous order, holds that the appointment of a non-independent director by an investor to a utility's board creates a per se affiliate...more
The Federal Energy Regulatory Commission ("Commission" or "FERC") holds that appointing an investor representative to a Public Utility Board results in an affiliate relationship independently of the amount of voting stock...more
The Fifth Circuit upheld a Federal Energy Regulatory Commission ("FERC") determination that an energy company unlawfully manipulated the natural gas market but rejected FERC's interpretation of its jurisdiction as overbroad....more
A group of seven U.S. senators have written a letter to the Commodity Futures Trading Commission ("CFTC"), expressing concerns with the integrity of the carbon credit markets and urging the CFTC to investigate and regulate...more
On July 28, 2022, the Federal Energy Regulatory Commission (the "Commission" or "FERC") proposed a new rule which would significantly expand the existing "duty of candor" rule (found at 18 C.F.R. 35.41(b)) to apply to any...more
On June 24, 2022, FERC issued orders approving settlement agreements resolving two investigations. The first involves whether a renewable generation developer, sPower Development Company, violated PJM Interconnection LLC's...more
7/6/2022
/ Energy Projects ,
Enforcement Guidance ,
FERC ,
Infrastructure ,
Natural Gas ,
Pipelines ,
Power Grid ,
Regulatory Requirements ,
Renewable Energy ,
Solar Energy ,
Tariffs
The Federal Energy Regulatory Commission's ("FERC") Office of Electric Reliability and Enforcement and the North American Electric Reliability Corporation ("NERC") staff presented a series of findings and preliminary...more
9/30/2021
/ Critical Infrastructure Sectors ,
Electric Generation Suppliers ,
Electricity ,
Energy Reform ,
FERC ,
MISO ,
Natural Disasters ,
Natural Gas ,
NERC ,
Power Grid ,
Power Infrastructure ,
Power Outages ,
Regulatory Standards ,
Severe Weather ,
Supply Chain
On August 24, 2021, the Federal Energy Regulatory Commission ("FERC") approved new cold weather electric reliability standards proposed by the North American Electric Reliability Corporation ("NERC"). The standards will apply...more
9/2/2021
/ Critical Infrastructure Sectors ,
Electric Generation Suppliers ,
Electricity ,
Energy Reform ,
FERC ,
Natural Disasters ,
NERC ,
Power Grid ,
Power Infrastructure ,
Regulatory Standards ,
Severe Weather ,
Supply Chain
The energy markets are highly regulated, and producers, transmitters, and consumers of energy all use the highly regulated derivatives markets to hedge their energy risks. How do the Commodity Futures Trading Commission...more
FERC's recent "order to show cause" against an energy trading firm and its owners for an alleged manipulative energy trading scheme in the nation's largest power market follows Chairman Glick's call for renewed...more
On March 22, 2021, the U.S. Federal Energy Regulatory Commission ("FERC") issued an order authorizing Northern Natural Gas Company ("Northern") to abandon-in-place a segment of its natural gas pipeline running from Nebraska...more
Climate Change Regulatory Issues & Updates -
Interim Update on Biden Administration Climate Change Initiatives -
The last edition of the Climate Report discussed President Biden's signing, on his first day in office,...more
The Commodity Futures Trading Commission ("CFTC") issues new civil monetary penalties guidance, and the U.S. Department of Justice ("DOJ") expands fraud division with new commodities fraud unit.
On May 20, 2020, the CFTC...more
The Situation: Recent enforcement actions and settlements by the U.S. Commodity Futures Trading Commission ("CFTC," or the "Commission") demonstrate that the Commission views registration violations as an enforcement...more