Energy Regulation in the Post-Chevron Era: Agency Implications, Anticipated Impacts
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide energy counsel through the recent notable U.S. Supreme Court decisions in Loper Bright Enterprises v. Raimondo, Corner Post v. Board of Governors of the Federal Reserve System, and Securities and Exchange Commission v. Jarkesy. The panel will address the anticipated impact these decisions will have on rulemaking, adjudication, and litigation in the energy sector, with a particular focus on renewable energy.
Outline
- Introduction: a brief history of federal regulatory interpretation under Chevron
- Loper Bright Enterprises v. Raimondo
- Corner Post v. Board of Governors of the Federal Reserve System
- Effect on administration litigation
- Effect on legislative drafting
- Securities and Exchange Commission v. Jarkesy
- Impact on use of administrative proceedings
- Client impact
- Counsel takeaways
Benefits
The panel will review these and other key issues:
- How will Loper Bright impact FERC orders and FERC actions involving statutory interpretations, as well as environmental permitting of energy infrastructure?
- How will Corner Post impact litigation challenging agency rules?
- How will Jarkesy impact FERC's use of ALJ hearings to adjudicate market manipulation and similar claims, as well as other agencies’ administrative proceedings?
- What is the potential impact of the decisions on clients?
Faculty
Emma F. Hand
Partner
Dentons
Ms. Hand is a founding partner and leader of Dentons' award-winning Energy Practice, and Co-chair of the Dentons... | Read More
Ms. Hand is a founding partner and leader of Dentons' award-winning Energy Practice, and Co-chair of the Dentons Global Energy Sector for the US Region. She plays an essential role on the US federal and state regulatory team, advising public power entities, municipalities, large energy customers and load-serving entities, including signature clients such as the City of New Orleans, CPS Energy in San Antonio, Municipal Electric Utility Association of New York (MEUA), and the Alliance to Save Energy in both regulatory and litigation settings. Ms. Hand has extensive experience litigating before administrative agencies and tribunals at the federal and state government levels; representing clients in appeals from agency decisions and rulemakings; and counseling clients on energy efficiency and all sources of electric generation, including renewables and distributed generation.
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Josh Kaplowitz
Senior Counsel
Locke Lord
Mr. Kaplowitz focuses his practice on regulatory, policy, contractual and litigation matters related to offshore wind... | Read More
Mr. Kaplowitz focuses his practice on regulatory, policy, contractual and litigation matters related to offshore wind and other forms of renewable energy. Most recently, he served as Vice President for Offshore Wind at the American Clean Power Association (ACP). Mr. Kaplowitz led ACP’s offshore wind advocacy efforts, working to advance the organization’s policy, legislative and regulatory priorities for offshore wind, with a particular emphasis on its engagement with the Bureau of Ocean Energy Management (BOEM), other key federal agencies and Capitol Hill. He also facilitated ACP’s collaboration with state and local governments, stakeholders and the public. Mr. Kaplowitz is a frequent speaker and writer on offshore wind law and policy. He also serves as an Adjunct Professor at the George Washington University College of Law where he teaches offshore wind law to second- and third-year law students.
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John Lee Shepherd, Jr.
Partner
Hunton Andrews Kurth
For more than 20 years, Mr. Shepherd has represented public utility energy suppliers and transmission owners, regional... | Read More
For more than 20 years, Mr. Shepherd has represented public utility energy suppliers and transmission owners, regional transmission organizations, state agencies, large industrial concerns, and other electric power and natural gas market participants in a wide variety of complex regulatory litigation, certification, and enforcement matters before the Federal Energy Regulatory Commission (FERC) and federal courts. From 2018-2022, Mr. Shepherd served as Director of Legal Policy at FERC, where he advised three Chairmen and several Commissioners on the implementation of energy policy through administrative and appellate litigation. His responsibilities included drafting orders, facilitating negotiations, managing external litigation, and drafting briefs and arguing cases in matters before the Supreme Court, appellate courts, district courts, and bankruptcy courts. Mr. Shepherd's ongoing work in private practice continues to emphasize energy and capacity market design, transmission incentives and cost allocation, pipeline certification and abandonment, hydroelectric licensing, Mobile-Sierra issues, waivers, civil enforcement matters before FERC and federal courts.
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