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FERC’s Phillips, Christie spar over SCOTUS ruling impact on transmission rule, Politico Pro

Monday, July 1, 2024

Partner Stephen Spina spoke with Politico Pro for an article about the potential impact on the Federal Energy Regulatory Commission’s (FERC) Order 1920 of the US Supreme Court’s decision overturning the Chevron doctrine.

Steve explained that he believes FERC is overall on “pretty firm ground” with Order 1920, at least with regard to the US Court of Appeals for the DC Circuit, which has affirmed FERC’s stance on its authorities. However, he noted that the order could be vulnerable if a legal challenge is raised in another court more skeptical of agency overreach.

“Is this really an effort to try to implement a policy agenda, rather than work within the confines of the Commission’s jurisdictional authority? There is potential for that [question], particularly in another circuit,” Steve said.

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