FERC Revises Interlocking Directorate Reporting Requirements

A February 21, 2019 Federal Energy Regulatory Commission (“FERC”) order updated certain FERC interlocking directorate requirements (“Order”). [1] More detailed background information on FERC’s interlocking directorate requirements is provided below, but in short, these requirements apply to the officers and directors of public utilities subject to FERC’s jurisdiction (including many generation companies and power marketers) and may trigger FERC prior approvals, notice requirements, and/or annual reporting requirements. Compliance with these requirements are particularly sensitive because the...
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Our Take on Auer – Agency Deference under Scrutiny

Two weeks remain before the Supreme Court hears oral arguments in Kisor v. Wilkie , a likely landmark case for energy and infrastructure companies. When the Supreme Court granted certiorari in December 2018, it took the case specifically to decide whether to overturn Auer v. Robbins 1 , which holds that courts should defer to an agency’s interpretation of its own regulations. This Energy Legal Blog® post kicks off a short series about Kisor and Auer ’s significance for developers of energy and non-energy infrastructure. Write-ups on these cases are plentiful, but our perspective is different...

D.C. Circuit Overturns USACE Permit for Transmission Line

On March 1, 2019, the D.C. Circuit issued its opinion in National Parks Conservation Association v. Semonite, No. 18-5179, finding that the U.S. Army Corps of Engineers (USACE) violated the National Environmental Policy Act (NEPA) and misinterpreted the National Historic Preservation Act (NHPA) when it issued a permit that allowed the construction of towers to support an electrical transmission line as it crosses the James River in Virginia. The line crosses the river in the vicinity of Jamestown, the Carter’s Grove National Historic Landmark, and the Captain John Smith National Historic...