Join attorneys in our appellate, energy regulatory, environmental, tax, securities, and employment practices who will explore how these landmark rulings affect administrative law and practice and what comes next....more
7/10/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Proceedings ,
Chevron Deference ,
Continuing Legal Education ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Penalties ,
SCOTUS ,
SEC v Jarkesy ,
Securities Fraud ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation ,
Webinars
On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) established “a new foundation” upon which new electric transmission facilities can be planned, paid for, and built. The Commission did so...more
5/17/2024
/ Cost Allocation ,
Department of Energy (DOE) ,
Eminent Domain ,
Energy Sector ,
Environmental Justice ,
Federal Power Act ,
FERC ,
Infrastructure Investment and Jobs Act (IIJA) ,
NEPA ,
Notice of Proposed Rulemaking (NOPR) ,
Transmission Planning
The U.S. Environmental Protection Agency (EPA) has finalized a host of new requirements for fossil-fueled power plants, including new source performance standards (“NSPS”) for new and modified coal- and gas-fired plants and...more
The United States electric grid is becoming increasingly stressed as the nation navigates the energy transition and demand for electricity rises. On May 1, 2024, recognizing the stress on the grid and the need for additional...more
On March 19, 2024, the North American Electric Reliability Corporation (“NERC”) asked the Federal Energy Regulatory Commission (“FERC”) to approve revisions to NERC’s Rules of Procedure (“ROP”) that would require certain...more
Bill Scherman is a partner in the Washington, D.C. office of Vinson & Elkins, serving as co-chair of the firm's Energy Regulatory practice....more
Over the past few years, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) and the Department of Energy (“DOE”) have proposed many rules to support the Biden Administration’s push to build transmission...more
On November 29, 2023, the Supreme Court heard oral argument in a critically important administrative law case, Securities and Exchange Commission v. Jarkesy, No. 22-859. This case carries enormous potential consequences for...more
12/1/2023
/ Administrative Law Judge (ALJ) ,
Article II ,
CFTC ,
Civil Monetary Penalty ,
FERC ,
Jury Trial ,
Oral Argument ,
SCOTUS ,
SEC v Jarkesy ,
Securities Fraud ,
Seventh Amendment
The Federal Energy Regulatory Commission’s (“FERC” or “Commission”) October 18, 2023 Open Meeting (the “October Open Meeting”) and October 27, 2023 issuance of rehearing of remand orders for the Texas LNG Brownsville LLC and...more
On October 25, 2023, the United States Court of Appeals for the District of Columbia Circuit heard the Liquid Energy Pipeline Association’s (“LEPA”) challenge to the Federal Energy Regulatory Commission’s (“FERC”) rulings,...more
At the Open Meeting held on September 21, 2023, the Federal Energy Regulatory Commission (“FERC” or “Commission”) approved four of the six Natural Gas Act (“NGA”) certificate orders for interstate natural gas pipelines and...more
On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more
9/7/2023
/ Administrative Procedure Act ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Land Developers ,
Rapanos v US ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at...more
8/17/2023
/ Biden Administration ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
CEQ ,
Department of Energy (DOE) ,
Energy Sector ,
Environmental Impact Statements ,
Federal Power Act ,
FERC ,
NEPA ,
Renewable Energy
On July 27, 2023, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a final rule intended to revolutionize the interconnection process. Among other things, the final rule replaces the prior...more
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (“the Act”), which includes modest changes to the National Environmental Policy Act (“NEPA”), among other things. The Act amends NEPA in...more