Insights

In one of the first rulings applying Loper Bright Enterprises v. Raimondo, the Supreme Court on Tuesday vacated and remanded the D.C. Circuit’s decision in Solar Energy Industries Association v. FERC for further consideration.

The Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 1920 on May 13, 2024 to increase the pace of transmission grid expansion and strengthen regional transmission planning.[1] The landmark order, as well as the concurrence and dissent of the Commissioners voting on the order, is summarized below. At bottom, it represents a fundamental reshaping of the transmission planning landscape, requiring long-term transmission planning, closer coordination between generation interconnection and regional transmission planning, and revisions to the local transmission planning process to close loopholes created by Order No. 1000 in 2011.

The DOE in 2023 significantly increased its enforcement activity against manufactures and importers alleged to have violated EPCA’s energy and water conservation standards and related certification requirements, based on available public information. As we previously flagged, the substantial rise in enforcement activity comes as the Biden Administration increasingly focuses on EPCA as a means of achieving environmental policy objectives, including reducing carbon emissions. The Department has continued its enforcement efforts in 2024 and early data from this year sheds light on the Department’s enforcement priorities.