On June 20, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) revisions to its Western Energy Imbalance Service (WEIS) tariff to allow a participating balancing authority to initiate a market hold due to reliability...more
On May 23, 2025, FERC upheld on rehearing its prior orders authorizing Venture Global CP2 LNG, LLC to build a new liquified natural gas (“LNG”) export terminal (“CP2 LNG Terminal”) and granting Venture Global CP Express, LLC...more
On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more
5/22/2025
/ Clean Water Act ,
Constitutional Challenges ,
Deregulation ,
Endangered Species Act (ESA) ,
Energy Policy ,
Energy Projects ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
NEPA ,
Oil & Gas ,
Permits ,
Regulatory Reform ,
State Attorneys General ,
Trump Administration
On November 21, 2024, the Federal Energy Regulatory Commission (“FERC”) issued a final rule establishing a categorical one-year “reasonable period of time” for certifying authorities to act on requests for water quality...more
1/3/2025
/ Certification Requirements ,
Clean Water Act ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FERC ,
Final Rules ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Section 401 ,
Water Quality
On July 30, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion vacating and remanding FERC’s order approving Transcontinental Gas Pipe Line Company’s (“Transco”)...more
On September 19, 2024, the Federal Energy Regulatory Commission (“FERC”) denied Enerwise Global Technologies, LLC’s (“CPower”) complaint against PJM Interconnection, LLC (“PJM”) alleging that PJM’s Open Access Transmission...more
10/15/2024
/ Curtailment ,
Demand Response ,
Electricity ,
Energy Market ,
Energy Policy ,
Federal Power Act ,
FERC ,
Infrastructure ,
Statistical Sampling ,
Tariffs ,
Wholesale
On July 16, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found that FERC failed to adequately consider a liquefied natural gas (“LNG”) project’s greenhouse gas (“GHG”)...more
On July 9, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) declined to stay a new Environmental Protection Agency (“EPA”) rule that seeks to limit methane emissions in the oil...more
On June 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied Food & Water Watch’s environmental challenges to the FERC’s order granting a certificate of public convenience...more
On May 23, 2024, FERC issued an Order denying Lackawanna Energy Center LLC’s (“Lackawanna”) complaint against PJM Interconnection, L.L.C. (“PJM”) alleging that PJM failed to reimburse Lackawanna for lost opportunity costs...more
On May 13, the Federal Energy Regulatory Commission (FERC or Commission) released its Order No. 1920 (Final Rule) to reform its policies regarding Regional Transmission Planning and Cost Allocation.1 The Final Rule follows...more
5/23/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Cost Allocation ,
FERC ,
Final Rules ,
Infrastructure ,
Notice of Proposed Rulemaking (NOPR) ,
Oil & Gas ,
Right of First Refusal ,
Transmission Grid ,
Transmission Lines ,
Transmission Planning
On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority...more
5/14/2024
/ Federal Power Act ,
FERC ,
Infrastructure ,
Natural Gas ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Proposed Legislation ,
Refunds ,
Regulatory Agenda ,
Retroactive Application ,
Section 5
On March 28, 2024, the Midcontinent Independent System Operator, Inc. (“MISO”) submitted a filing to the Federal Energy Regulatory Commission (“FERC”) proposing revisions to its Open Access Transmission, Energy and Operating...more
On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator...more
On January 18, 2024, FERC granted a certificate of public convenience and necessity to Transcontinental Gas Pipe Line Company, LLC (“Transco”) to construct and operate the Texas to Louisiana Energy Pathway Project (“Texas to...more
On November 30, 2023, the Commission denied the Minnesota Municipal Power Agency’s (“MMPA”) complaint alleging that Northern Natural Gas Company (“Northern”) violated the Natural Gas Act (“NGA”) by refusing to execute an...more
In its May 26, 2023 opinion in Sierra Club v. Federal Energy Regulatory Commission, the United States Court of Appeals for the District of Columbia Circuit addressed challenges to its jurisdiction to hear appeals of...more
On May 26, 2023, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. Federal Energy Regulatory Commission largely denying challenges to several FERC orders authorizing...more
On May 16, 2023, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion in Center for Biological Diversity v. Alaska Gasline Development Corporation, affirming FERC’s...more
A group of 17 states, through their Attorneys General (“State AGs”), filed a motion (“Motion”) on May 10, 2023, requesting that the Commission audit and investigate whether BlackRock is acting as an “activist” investor,...more
On remand from the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), FERC reaffirmed that Rio Grande LNG, LLC’s proposed liquified natural gas (“LNG”) terminal project (“Rio Grande LNG...more
On March 16, 2023, FERC found that Commonwealth Edison Company’s (“ComEd”) formula rate protocols under the PJM Interconnection, L.L.C. (“PJM”) Open Access Transmission Tariff (“OATT”) appear to be unjust and unreasonable and...more
Hydrogen is having more than just a moment. Consistent announcements for new hydrogen project developments, technological breakthroughs and large investments over the last several years have shown the potential of this...more
On September 16, 2022, a panel of three judges on the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued a decision in United Power, Inc. v. FERC affirming FERC’s exclusive...more
On June 28, 2022, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued a decision in Sierra Club v. FERC upholding FERC’s approval of Mountain Valley Pipeline, LLC’s (“MVP”)...more