The Office of Public Participation at FERC: From Launch to Implementation

For several decades, the American public has had substantial interest and engagement in urgent and transformative energy matters impacting their communities, including during the oil crises of the 1970s and the California energy crisis in the early 2000s. Arguably, however, over the course of this last decade, the public’s interest and demand for involvement in energy policy development has reached an all-time high resulting from the confluence of various social, environmental and economic factors.

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).