Federal actions, §7
CFTC Regulation of RTO-Administered Capacity Markets: Obstacles or Lessons?

Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) operate, and the Federal Energy Regulatory Commission (FERC) oversees, wholesale electricity markets that…

Building the Grid of the Future: FERC's Authority Post-Loper Bright

This Article explores potential impacts of the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo on the Federal Energy Regulatory Commission (FERC), focusing on FERC’s…

Savior, Villain, or Victim? Considering Climate Change in Hydropower Licensing

In contrast to the large amount of attention that FERC’s consideration of climate change in natural gas permitting has received, there has been relatively little paid to how FERC does and should…

Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA

Federal dams have been the focus of major disputes involving application of the Endangered Species Act (ESA), especially its §7 prohibitions on federal actions causing jeopardy to protected…

2019 Endangered Species Act Regulatory Revisions

The U.S. Department of the Interior and National Oceanic and Atmospheric Administration recently finalized comprehensive changes in how the Endangered Species Act (ESA) is implemented. These…