Hey #energysky lawyer friends, what does it mean for FERC that the White House has issued an EO to make independent agencies, well, not independent? Can the AG overrule FERC? www.whitehouse.gov/presidential... @energylawjeff.bsky.social @azevin.bsky.social @smaczni.bsky.social @pquinlan.bsky.social - ThreadSky

jburwen.bsky.social • 12 days ago

Hey #energysky lawyer friends, what does it mean for FERC that the White House has issued an EO to make independent agencies, well, not independent? Can the AG overrule FERC? https://www.whitehouse.gov/presidential-actions/2025/02/ensuring-accountability-for-all-agencies/

@energylawjeff.bsky.social @azevin.bsky.social @smaczni.bsky.social @pquinlan.bsky.social

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powhatanfundllc.bsky.social•5 days ago

lawyers can argue whatever they want but the truth is that @ferc.gov has been a political monstrosity for decades.

pquinlan.bsky.social•11 days ago

(Caveat of not a lawyer) - but I think the short answer is Yes. It depends on how you interpret its application. Looks like any rulemakings would need to be approved by OIRA - not clear how far that extends/ if other orders are “significant regulatory actions” since many are in terms of $ impact…

pquinlan.bsky.social•11 days ago

Also, in terms of defending positions in court - as I understand in past FERC could elect not to use DOJ and use own attorneys and take positions that DOJ potentially didn’t agree. Doesn’t seem like that would be an option under the EO.

pquinlan.bsky.social•11 days ago

I think big question is how far reaching is language on interpretation of law, which I think could be read to include nearly everything FERC does… but we will have to see how implemented and what happens next. Interested in @azevin.bsky.social or @aripeskoe.bsky.social thoughts if they agree!

mfarmer.bsky.social•11 days ago

Recommended reading on this topic is the DOE Organization Act. Link below. https://www.ferc.gov/media/department-energy-organization-act. For questions like the @ferc.gov chair's control over representation in court, the law is clear that FERC's own lawyers represent the Commission except at the Supreme Court:

mfarmer.bsky.social•11 days ago

The DOE Org. Act is also clear that @FERC staff do not report to anyone in the Department of Energy except the Chair (subject to certain exceptions like each Commissioner's staff report just to that Commissioner).

mfarmer.bsky.social•11 days ago

President Trump cannot overturn the DOE Org. Act via executive order. That would take an act of Congress.

energyabe.bsky.social•11 days ago

Energy regulation is boring by design. Investment requires certainty and predictability & the boring part is a fundamental design feature, not a bug. There's some spicy stuff at the edges. But 90% of everything is BORING. More uncertainty = bad for business = bad for consumers, Red & Blue.

energyabe.bsky.social•11 days ago

I wonder when/if we'll hear from business leaders on this. Imagine a new billion $ pipeline. It'll be half done in 2029. Does this mean that the next president simply reverses everything? How do you invest in American infrastructure? This is a tough genie to put back in the bottle.

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