News & Analysis as of

Administrative Procedure Act Federal Power Act

Akin Gump Strauss Hauer & Feld LLP

FERC Seeks to Eliminate Utility Self-Funding of Network Upgrades

On June 13, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order (the Show Cause Order) requiring PJM Interconnection, L.L.C. (PJM), Midcontinent Independent System Operator Inc. (MISO),...more

Venable LLP

Post-Chevron Judicial Review of FERC Decisions

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As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more

Cozen O'Connor

GOP AGs Seek to Black Out FERC’s Electrical Transmission & Planning Rule

Cozen O'Connor on

A group of 19 Republican AGs filed a Rehearing Request to FERC asking it to reconsider its Building for the Future Through Electric Regional Transmission Planning and Cost Allocation Final Rule, which requires transmission...more

Jenner & Block

Client Alert: FERC Issues Final Rule on How to Plan and Pay for Electricity Transmission

Jenner & Block on

On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment...more

Troutman Pepper

Third Circuit Upholds FERC’s Approval of PJM’s Focused MOPR

Troutman Pepper on

On December 1, 2023, the United States Third Circuit Court of Appeals (“Third Circuit”) upheld PJM Interconnection, L.L.C.’s (“PJM”) latest minimum offer price rule (the “Focused MOPR”), denying challenges to both the...more

Troutman Pepper

FERC Requires Disclosure of Privileged Material Regarding JP Morgan’s Relationship with Mankato

Troutman Pepper on

On May 11, 2023, FERC notified Mankato Energy Center, LLC and Mankato Energy Center II, LLC (“Mankato Companies”) that it will release certain privileged information included in the initial brief that Mankato Companies...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2023

White & Case LLP on

Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

Nossaman LLP on

Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Morgan Lewis

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

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Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

Kilpatrick Townsend & Stockton LLP

Supreme Court Ruling Spurs Energy Storage Possibilities

On January 25, 2016, the Supreme Court issued a landmark decision (“Decision”) -- reversing the D.C. Circuit’s vacatur of Federal Energy Regulatory Commission (“FERC”) Order 745, which provides crucial market incentives for...more

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