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Articles by David Applebaum
Supreme Court Ends For-Cause Removal Protection For The FTC In Trump v. Slaughter
Baker Botts LLP are most popular: within Real Estate and Construction topic(s) On June 29, 2026, a divided Supreme Court held that the statutory protection shielding Federal Trade Commission Commissioners from at-will presidential removal is unconstitutional. The decision is a landmark in separation-of-powers law, and its reach extends well beyond the FTC.
J. Mark Little - Concurrences
J. Mark Little is a partner at Baker Botts, based in the firm’s Houston office. He focuses his practice on complex legal and regulatory challenges. He has significant experience protecting clients’ interests through challenges to national, state, and local regulations. He also represents clients in a broad range of appeals and original proceedings in federal and state courts across the country.
David A. Applebaum – Concurrences
David Applebaum is a partner at Baker Botts, based in the firm’s Houston office. His practice focuses on energy industry enforcement, compliance, internal investigations, audits, litigation, regulatory, and policy matters.
Beau Carter - Concurrences
Beau Carter is a senior associate at Baker Botts, based in the firm’s Houston office. He has experience litigating a wide variety of subjects, including constitutional law, administrative law, statutory interpretation, and complex issues involving environmental law and cooperative federalism. He represents clients in high-stakes appeals in Texas and across the country, most often in the Fifth Circuit and Supreme Court of Texas.
FERC Issues Pivotal Show Cause Orders To Grid Operators To Integrate Large Energy Users
Baker Botts LLP are most popular: within Consumer Protection and Real Estate and Construction topic(s) Commission directs the six U.S. regional grid operators and their transmission owners to provide justification within 60 days on why their current tariffs remain just and reasonable in the absence of clear and consistent provisions for large load customers—or alternatively, to propose changes.
FERC Issues Pivotal Show Cause Orders to Grid Operators to Integrate Large Energy Users
Commission directs the six U.S. regional grid operators and their transmission owners to provide justification within 60 days on why their current tariffs remain just and reasonable in the absence of clear and consistent provisions for large load customers—or alternatively, to propose changes.
The Law Of War - Legal Implications Of The Iran Conflict: Oil And Gas Trading
Evan Koster’s articles from Baker Botts LLP are most popular: in United States with readers working within the Aerospace & Defence, Banking & Credit and Technology industries Baker Botts LLP are most popular: within Consumer Protection and Real Estate and Construction topic(s) The Law of War Ch. 3: Legal Implications of the Iran Conflict: Oil and Gas Trading Tanker traffic through the Strait of Hormuz has "come to a near standstill," with major energy companies caught in the crosshairs.1...
FERC Issues Order Providing Guidance For "Co-Locating" Power Plants With Data Centers Within PJM
BB Baker Botts LLP More Baker Botts is a leading global law firm. The foundation for our differentiated client support rests on our deep business acumen and technical experience built over decades of focused leadership in our sectors and practices. For more information, please visit bakerbotts.com. Commission directs PJM to provide new types of transmission service designed to "facilitate more rapid interconnection and operation of Co-located Loads" United States Energy and Natural Resources
FERC Issues Order Providing Guidance for "Co-locating" Power Plants with Data Centers within PJM | JD Supra
Commission directs PJM to provide new types of transmission service designed to “facilitate more rapid interconnection and operation of Co-located Loads” On December 18, 2025, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued its order in the show cause proceeding1 (“Co-Location Order” or “Order”) to address issues associated with large loads (e.g., AI-driven data centers) co-located at generating facilities in the PJM Interconnection, L.L.C. (“PJM”) footprint.2 To...
FERC Withdraws Controversial "Duty Of Candor" Proposal
David Applebaum’s articles from Baker Botts LLP are most popular: with readers working within the Retail & Leisure and Utilities industries Baker Botts LLP are most popular: within International Law topic(s) Chairman Swett maintains agenda of simplifying regulations, while contending that FERC's existing communications rule is more than adequate to regulate communications.
FERC Withdraws Controversial “Duty of Candor” Proposal | JD Supra
Chairman Swett maintains agenda of simplifying regulations, while contending that FERC’s existing communications rule is more than adequate to regulate communications.
FERC Fines Electric Utility For Providing False Information To NERC Regional Entity
Baker Botts LLP are most popular: within Corporate/Commercial Law, Litigation, Mediation & Arbitration and Real Estate and Construction topic(s) On October 2, 2025, the Federal Energy Regulatory Commission (FERC) approved a settlement with the Los Angeles Department of Water and Power (LADWP) to resolve an Office of Enforcement (Enforcement) investigation of LADWP's failure to comply with the North American Electric Reliability Corporation's (NERC) Rules of Procedure (ROP) by providing false...
FERC Fines Electric Utility for Providing False Information to NERC Regional Entity | JD Supra
On October 2, 2025, the Federal Energy Regulatory Commission (FERC) approved a settlement with the Los Angeles Department of Water and Power (LADWP) to resolve an Office of Enforcement (Enforcement) investigation of LADWP’s failure to comply with the North American Electric Reliability Corporation’s (NERC) Rules of Procedure (ROP) by providing false information in an audit.
Overview Of President Trump's April 8th Energy Executive Orders
On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order ("EO") Unleashing Prosperity Through Deregulation. The implementation of the procedures outlined in these orders portends the potential for significant changes to current regulations governing the operation of the U.S. electric grid.
Overview of President Trump’s April 8th Energy Executive Orders | JD Supra
On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation of the procedures outlined in these orders portends the potential for significant changes to current regulations governing the operation of the U.S. electric grid.
FERC Approves First Enforcement Settlement Involving Power Plant Operations By Bitcoin Mining Company
Bitcoin mining company pays $1.42 million for violating PJM's tariff in relation to its power plant operations. On January 30, 2025, the Federal Energy Regulatory Commission ("FERC") approved a settlement agreement ("Agreement") between the Office of Enforcement ("Enforcement") and a bitcoin mining company ("Stronghold")1 over whether its generation facility violated PJM Interconnection, LLC ("PJM") tariff rules from June 2021 to May 2022 (the "Relevant Period").
FERC Approves First Enforcement Settlement Involving Power Plant Operations by Bitcoin Mining Company. | JD Supra
Bitcoin mining company pays $1.42 million for violating PJM’s tariff in relation to its power plant operations. On January 30, 2025, the Federal Energy Regulatory Commission (“FERC”) approved a settlement agreement (“Agreement”) between the Office of Enforcement (“Enforcement”) and a bitcoin mining company (“Stronghold”)1 over whether its generation facility violated PJM Interconnection, LLC (“PJM”) tariff rules from June 2021 to May 2022 (the “Relevant Period”).
FERC Approves Settlement Penalizing Crypto Mining Company For Violating NYISO Interconnection Rules
David Applebaum’s articles from Baker Botts LLP are most popular: in United States with readers working within the Business & Consumer Services, Healthcare and Technology industries Baker Botts LLP are most popular: within Real Estate and Construction topic(s) On August 3, 2026, the Federal Energy Regulatory Commission (“FERC”) approved a settlement agreement (the “Agreement”) between the Office of Enforcement and Regulatory Accounting (“Enforcement”) and a cryptocurrency mining company, Digi...
CFTC Proposes
The Background: As voluntary carbon credits ("VCCs") have grown in popularity, questions about their integrity and quality have arisen for investors and among regulators and lawmakers.
CFTC Proposes "Guidance" for Derivatives Markets on Listing Voluntary Carbon Credit Derivatives | JD Supra
In Short The Background: As voluntary carbon credits ("VCCs") have grown in popularity, questions about their integrity and quality have arisen for investors and among regulators and lawmakers.
CFTC Proposes "Guidance" for Derivatives Markets on Listing Voluntary Carbon Credit Derivatives
In Short The Background: As voluntary carbon credits ("VCCs") have grown in popularity, questions about their integrity and quality have arisen for investors and among regulators and lawmakers.
Commentary - Three FERC manipulation fact patterns energy traders should watch
The US Federal Energy Regulatory Commission and the Commodity Futures Trading Commission oversee trading in US energy and commodity markets. MarketVoice recently published an article on CFTC enforcement trends in commodity markets in anticipation of FIA’s Commodities Forum in Houston, September 13-14, where those trends will be covered in depth. Today, we turn to FERC, which has jurisdiction over physical power and gas markets.
FERC Affirms Expansion of its Affiliate Rules, Reflecting Greater Scrutiny Over Investments in Public Utilities | JD Supra
On July 3, 2023, the Commission issued an order on rehearing affirming its expanded definition of utility "affiliates" for purposes of its market-based rate regulations, with potentially far-reaching implications for jurisdictional utilities.
FERC Affirms Expansion Of Its Affiliate Rules, Reflecting Greater Scrutiny Over Investments In Public Utilities
On July 3, 2023, the Commission issued an order on rehearing affirming its expanded definition of utility "affiliates" for purposes of its market-based rate regulations, with potentially far-reaching implications for jurisdictional utilities.
FERC Affirms Expansion of its Affiliate Rules, Reflecting Greater Scrutiny Over Investments in Public Utilities
The Federal Energy Regulatory Commission ("Commission" or "FERC"), sustaining a previous order, holds that the appointment of a non-independent director by an investor to a utility's board creates a per se affiliate relationship between the investor and the utility.
FERC Signals Increased Scrutiny Over Affiliate Relationships | JD Supra
On October 20, 2022, the Commission issued two orders that broadened the meaning of public utility "affiliates" for purposes of: (i) the Commission's change in status filing requirement and other affiliate rules and restrictions that apply to sellers with market-based rate authority under section 205 of the Federal Power Act ("FPA"); and (ii) what constitutes "control" for purposes of FPA section 203 governing dispositions of jurisdictional facilities. In the first case, Evergy, Inc.
Fifth Circuit Clarifies FERC's Authority to Address Natural Gas Market Manipulation | JD Supra
The Fifth Circuit upheld a Federal Energy Regulatory Commission ("FERC") determination that an energy company unlawfully manipulated the natural gas market but rejected FERC's interpretation of its jurisdiction as overbroad. Last week, in the first appellate decision on the merits of a natural gas manipulation case under Section 4A of the Natural Gas Act ("NGA"), the Fifth Circuit upheld FERC's determination that BP Energy (and affiliates) unlawfully manipulated the natural gas market.
Senators Urge CFTC to Regulate Carbon Credit Markets | JD Supra
A group of seven U.S. senators have written a letter to the Commodity Futures Trading Commission ("CFTC"), expressing concerns with the integrity of the carbon credit markets and urging the CFTC to investigate and regulate voluntary carbon offsets markets.
FERC Proposes to Greatly Expand a Favorite Enforcement Tool-the "Duty of Candor" Rule-Across Its Jurisdictional Footprint
This Alert discusses FERC's proposal to expand the "duty of candor" to apply to any person or organization making communications relating to jurisdictional electric, natural gas, and oil matters with specified regulatory bodies and pipelines.
FERC Proposes to Expand "Duty of Candor" Rule | JD Supra
On July 28, 2022, the Federal Energy Regulatory Commission (the "Commission" or "FERC") proposed a new rule which would significantly expand the existing "duty of candor" rule (found at 18 C.F.R. 35.41(b)) to apply to any person or organization making communications relating to jurisdictional electric, natural gas, and oil matters with certain specified regulatory bodies as well as natural gas and oil pipelines (the "Proposed Rule").
New NGL Pipeline And Renewable Generation Interconnection Settlements Highlight FERC's Expanded Enforcement Focus
In Short The Situation: Recent Federal Energy Regulatory Commission ("FERC") enforcement settlements—one involving a natural gas liquids ("NGL") pipeline's compliance with reporting requirements, the other a renewable generator's compliance with the grid interconnection process—reflect FERC's expansion of its enforcement focus. The Result: FERC-regulated entities face investigation and enforcement action risk based on a broader scope of regulated activities than has historically been the case.
New NGL Pipeline and Renewable Generation Interconnection Settlements Highlight FERC's Expanded Enforcement Focus | JD Supra
In Short The Situation: Recent Federal Energy Regulatory Commission ("FERC") enforcement settlements—one involving a natural gas liquids ("NGL") pipeline's compliance with reporting requirements, the other a renewable generator's compliance with the grid interconnection process—reflect FERC's expansion of its enforcement focus. The Result: FERC-regulated entities face investigation and enforcement action risk based on a broader scope of regulated activities than has historically been the case.
FERC Approves New Cold Weather Reliability Standards
To print this article, all you need is to be registered or login on Mondaq.com. FERC approves new NERC Cold Weather Reliability Standards that seek to enhance the reliability of the grid in preparation for extreme winter weather events. On August 24, 2021, the Federal Energy Regulatory Commission ("FERC") approved new cold weather electric reliability standards proposed by the North American Electric Reliability Corporation ("NERC").
Jones Day Talks®: Energy Derivatives And Regulatory Enforcement By The CFTC And FERC
United States: Jones Day Talks®: Energy Derivatives And Regulatory Enforcement By The CFTC And FERC 23 June 2021 by Joshua B. Sterling and David A. Applebaum Jones Day Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The energy markets are highly regulated, and producers, transmitters, and consumers of energy all use the highly regulated derivatives markets to hedge their energy risks.
Jones Day Talks®: Energy Derivatives and Regulatory Enforcement by the CFTC and FERC | Lexology
Click here to listen to the audio The energy markets are highly regulated, and producers, transmitters, and consumers of energy all use the highly regulated derivatives markets to hedge their energy risks. How do the Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) respond when there are price disruptions, like with Winter Storm Uri, or evidence of manipulation or other potential wrongdoing in those markets?
FERC's Latest Market Manipulation Case Shows Renewed Focus on Enforcement | JD Supra
FERC's recent "order to show cause" against an energy trading firm and its owners for an alleged manipulative energy trading scheme in the nation's largest power market follows Chairman Glick's call for renewed enforcement. On May 20, 2021, FERC ordered an energy trading firm (GreenHat) and its owners to show cause why they should not be found to have violated FERC's Anti-Manipulation Rule and pay $242 million in combined civil penalties and disgorgement.
FERC Announces Greenhouse Gas Emissions Will Be Considered in Review of Natural Gas Pipeline Certificates | JD Supra
On March 22, 2021, the U.S. Federal Energy Regulatory Commission ("FERC") issued an order authorizing Northern Natural Gas Company ("Northern") to abandon-in-place a segment of its natural gas pipeline running from Nebraska to South Dakota. Northern Natural Gas Co., 174 FERC ¶ 61,189 (2021) (the "March 22 Order"). The March 22 Order also granted a certificate for Northern to construct and operate new pipeline in order to replace the capacity associated with its abandoned facilities.
Increased Commodities Enforcement Leads To CFTC Guidance And New DOJ Fraud Unit
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Increased Commodities Enforcement Leads to CFTC Guidance and New DOJ Fraud Unit | JD Supra
The Commodity Futures Trading Commission ("CFTC") issues new civil monetary penalties guidance, and the U.S. Department of Justice ("DOJ") expands fraud division with new commodities fraud unit. On May 20, 2020, the CFTC announced that for the first time since 1994 the Division of Enforcement ("Division") issued new guidance regarding the factors it considers in recommending civil monetary penalties to the CFTC.
Increased Commodities Enforcement Leads to CFTC Guidance and New DOJ Fraud Unit | Lexology
The Commodity Futures Trading Commission ("CFTC") issues new civil monetary penalties guidance, and the U.S. Department of Justice ("DOJ") expands fraud division with new commodities fraud unit. On May 20, 2020, the CFTC announced that for the first time since 1994 the Division of Enforcement ("Division") issued new guidance regarding the factors it considers in recommending civil monetary penalties to the CFTC.
FERC Eases Regulatory Obligations In Response To COVID-19
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CFTC Enforcement Priorities: Commodity Trading Advisory Services in Energy and Other Areas Under Scrutiny | JD Supra
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FERC Assesses Significant Civil Penalty Against Natural Gas Pipeline for Allegedly Violating Certificate | JD Supra
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FERC Wins Statute of Limitations Fight in Market Manipulation Enforcement Case, But Uncertainty Remains | JD Supra
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FERC Rejects Electric Generators’ Request to Adopt Centralized Capacity Market in California | JD Supra
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CFTC Brings Energy Market Insider Trading Case, Announces Insider Trading Task Force
Promoted Sponsored Content How to Educate for America’s Future How to Educate for America’s Future In “The Massive Potential of Investing in STEM Education,” learn how science, technology, engineering and math education generates long-term American economic benefits. In “Educating the Next Generation of STEM Workers,” learn how American students are getting the training they need to meet the challenges of the future.
CFTC Brings Energy Market Insider Trading Case, Announces Insider Trading Task Force | JD Supra
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Federal Court Hands FERC Procedural Victory in Market Manipulation Enforcement Case While Confirming Statute of Limitations is a Confusing Mess | JD Supra
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Congress Passes Energy Legislation On FERC’s Merger Review And Judicial Review Of FERC Inaction On Rate Filings
Promoted Sponsored Content How to Educate for America’s Future How to Educate for America’s Future In “The Massive Potential of Investing in STEM Education,” learn how science, technology, engineering and math education generates long-term American economic benefits. In “Educating the Next Generation of STEM Workers,” learn how American students are getting the training they need to meet the challenges of the future.
Congress Passes Energy Legislation on FERC’s Merger Review and Judicial Review of FERC Inaction on Rate Filings | JD Supra
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