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! - ThreadSky

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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!

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mfarmer.bsky.social•12 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•12 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•12 days ago

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

mfarmer.bsky.social•12 days ago

But this administration seems determined to push the boundaries of settled Supreme Court precedent on independent agencies (Humphrey's Executor), so the court challenges are very high stakes: https://www.nytimes.com/2025/02/16/us/trump-supreme-court-special-counsel.html

aripeskoe.bsky.social•12 days ago

But I wonder what FERC staff will do. It seems like people across the federal government are having to choose whether to resign or disobey and potentially get fired/reassigned/etc. If DOJ and OMB really want to enforce this, they won't care about citations to the DOE Org Act.

mfarmer.bsky.social•12 days ago

Yes, how FERC and its staff respond will be critical here. Definitely an issue to watch closely.

aripeskoe.bsky.social•12 days ago

I look forward to Chair Christie enlightening us all tomorrow morning!

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