April 2023

The Impact of West Virginia v. EPA on Challenges to FERC’s Authority Under the Major Questions Doctrine

In the Spring 2022 issue of the EBA Brief, Harvey Reiter highlighted a significant legal development that implicated the authority of federal regulatory agencies, including the Federal Energy Regulatory Commission (FERC). This article picks up where Reiter’s left off to address West Virginia v. EPA—the most recent Supreme Court case involving the major questions doctrine, and the first Supreme Court majority opinion expressly referencing and exploring the doctrine.

The Hydrogen Pipeline Debate Requires Candid and Serious Consideration of Existing Regulatory Regimes

An active debate is currently underway as to how hydrogen pipelines can and should be regulated. Within this debate are those who believe hydrogen pipelines are (and should be) subject to regulation under the Interstate Commerce Act (ICA), which currently governs pipelines carrying oil, petroleum products, and natural gas liquids (NGLs), and those who believe hydrogen pipelines are (or should be) regulated under the Natural Gas Act (NGA).

2023 Southern Chapter Annual Conference: Transactive energy, cryptocurrency mining and blockchain application

EBA’s Southern Chapter event was held in both Richmond, VA and Atlanta, GA with an option to connect virtually. Topics include transactive energy, cryptocurrency mining and blockchain applications for grid modernization, and a director and general counsels’ panel.

Special Events at the 2023 Annual Meeting

Mid-May is a great time to be in Washington, DC—the city will be in full bloom and the weather is perfect for taking in the sights before the full crush of summer tourists arrive. For those planning to attend the EBA Conference and Annual Meeting on May 11-12, 2023, consider staying for the weekend after the conference and enjoying all that Washington has to offer.

Month: April 2023