Faren M. Bartholomew
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DC Circuit Charts Path On FERC Orders In Loper Bright Era
By Faren Bartholomew, Boris Shkuta and Catherine McCarthy ( November 3, 2025, 5:23 PM EST) -- On Sept. 9, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Solar Energy Industries Association v. Federal Energy Regulatory Commission that, for the first time, applied the U.S. Supreme Court's new Loper Bright framework to a FERC order.[1]... Law360 is on it, so you are, too.
DC Circuit Charts Path On FERC Orders In Loper Bright Era
By Faren Bartholomew, Boris Shkuta and Catherine McCarthy ( November 3, 2025, 5:23 PM EST) -- On Sept. 9, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Solar Energy Industries Association v. Federal Energy Regulatory Commission that, for the first time, applied the U.S. Supreme Court's new Loper Bright framework to a FERC order.[1]...
Post Loper-Bright, D.C. Circuit Upholds FERC's Interpretation Of Power Facility Capacity Under PURPA
Bracewell are most popular: within Consumer Protection, Litigation, Mediation & Arbitration and Tax topic(s) On September 9, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a decision in Broadview Solar that, for the first time, applied the Supreme Court's new Loper-Bright framework to a Federal Energy Regulatory Commission ("FERC") order.1 Most directly, the D.C. Circuit upheld FERC's interpretation of how to measure a small power production facility's "power production capacity"...
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