On March 15, 2018, the Federal Energy Regulatory Commission (“FERC”) issued an order on remand disallowing an income tax component in cost-of-service rates charged by an interstate oil pipeline owned by a master limited...more
3/20/2018
/ Corporate Taxes ,
Energy Sector ,
FERC ,
Income Taxes ,
Master Limited Partnerships ,
Natural Gas ,
Oil & Gas ,
Pass-Through Entities ,
Pipelines ,
Tax Cuts and Jobs Act ,
Tax Reform ,
Utilities Sector
On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more
10/16/2017
/ Dakota Access Pipeline ,
Easements ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Environmental Assessments ,
Infrastructure ,
Motion to Vacate ,
Native American Issues ,
NEPA ,
Pipelines ,
Remand ,
Tribal Lands ,
US Army Corps of Engineers
On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing that Federal Energy Regulatory Commission (“FERC”) exercise its authority under sections 205 and 206 of the...more
10/3/2017
/ Coal-Fired Generation ,
Cost Recovery ,
Department of Energy (DOE) ,
Energy Sector ,
Federal Power Act ,
FERC ,
ISOs ,
NPRM ,
Nuclear Power ,
Power Grid ,
Power Plants ,
RTO ,
Wholesale
On September 1, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to revise its regulations to expedite the application and approval process for small-scale exports of natural...more
On Tuesday, August 15, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Sierra Club’s petition for review of a U.S. Department of Energy (“DOE”) order authorizing long-term exports of liquefied...more
8/17/2017
/ Coal Industry ,
Department of Energy (DOE) ,
Energy Sector ,
Exports ,
FERC ,
Free Trade Agreements ,
Liquid Natural Gas ,
Natural Gas Act ,
NEPA ,
Oil & Gas ,
Sierra Club
The Trump administration promises to streamline the regulatory process, dismantle burdensome regulations, and promote domestic job growth. On January 24, 2017, President Trump issued an executive order and four presidential...more
3/9/2017
/ Critical Infrastructure Sectors ,
Dakota Access Pipeline ,
Energy Projects ,
Energy Sector ,
Executive Orders ,
FERC ,
Hiring Freeze ,
Keystone XL Pipeline ,
Made in the USA ,
Manufacturers ,
Natural Gas ,
Natural Gas Act ,
NEPA ,
Oil & Gas ,
Pipelines ,
Presidential Memorandum ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration
Federal regulatory agencies, such as the Securities and Exchange Commission (“SEC”), the Commodity Futures Trading Commission (“CFTC”), and the Federal Energy Regulatory Commission (“FERC”), have the authority to impose...more
1/5/2017
/ CFTC ,
Civil Monetary Penalty ,
Commodity Exchange Act (CEA) ,
Corporate Counsel ,
Disgorgement ,
Energy Sector ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Financial Markets ,
Natural Gas Act ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Statute of Limitations
On November 28, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) submitted comments on the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”)...more
12/9/2016
/ Department of Justice (DOJ) ,
Electricity ,
Energy Market ,
Energy Sector ,
Federal Power Act ,
Federal Trade Commission (FTC) ,
FERC ,
Market Power ,
Mergers ,
Notice of Inquiry ,
Power Purchase Agreements ,
Public Comment ,
Section 203 ,
Section 205
On November 17, 2016, the Office of Enforcement (“FERC Staff”) of the Federal Energy Regulatory Commission (the “Commission” or “FERC”) issued a White Paper on Anti-Market Manipulation Enforcement Efforts Ten Years After...more
On November 17, 2016, the Federal Energy Regulatory Commission (the “Commission” or “FERC”) Office of Enforcement (“FERC Staff”) issued a White Paper on Effective Energy Trading Compliance Practices (“Compliance White Paper”)...more
The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in...more
11/21/2016
/ Administrative Appointments ,
Banking Sector ,
CFTC ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Dodd-Frank ,
EBSA ,
Employee Retirement Income Security Act (ERISA) ,
Energy Sector ,
FDIC ,
Federal Reserve ,
FERC ,
FHFA ,
Financial Institutions ,
Financial Markets ,
FSOC ,
Investment Advisers Act of 1940 ,
Investment Company Act of 1940 ,
JOBS Act ,
OCC ,
PHH Corp. v CFPB ,
Popular ,
Presidential Elections ,
Sarbanes-Oxley ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Swaps ,
Trump Administration
On June 29, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued an interim final rule amending the civil monetary penalties within its jurisdiction to adjust for inflation. FERC adjusted its penalties...more
On Friday, June 17, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued an Order Assessing Civil Penalties against ETRACOM LLC (“ETRACOM”) and ETRACOM’s founding member and majority owner, Michael...more
7/5/2016
/ CAISO ,
Civil Monetary Penalty ,
Energy Market ,
Energy Sector ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Financial Instruments ,
Market Manipulation ,
Section 222 ,
Wholesale
On May 10, 2016, the Commodity Futures Trading Commission (“CFTC”) proposed an amendment (“Proposed Amendment”) to an order it issued on March 28, 2013 (“RTO-ISO Order”), exempting certain electric energy transactions from a...more
5/13/2016
/ CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Electricity ,
Energy Sector ,
FERC ,
Financial Markets ,
Fraud-on-the-Market ,
Market Manipulation ,
Proposed Amendments ,
Wholesale
The Federal Energy Regulatory Commission’s (“FERC”) Office of Enforcement (“Enforcement”) issued its 2015 Report on Enforcement (“Report”) on November 19, 2015. The Report summarizes FERC’s enforcement efforts during the...more