Speaking Energy

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., which for 40 years required court deference to reasonable agency interpretations of federal statutes in certain circumstances, even when the reviewing court would read the statute differently. The Court ended “Chevron deference” and held that courts “must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.” In doing so, the Court upended a longstanding principle of administrative law that is likely to make agency decisions more susceptible to challenge in the courts.

We are pleased to share a recording of Akin and ICF’s recently presented “Powering Progress: Decoding FERC Order No. 1920” webinar, along with the program materials.

We are pleased to share a recording of Akin’s recently presented “FERC Order No. 2023-A: What’s New and What’s Next?” webinar, along with the program materials.

Join Akin projects & energy transition partner Ike Emehelu at Infocast’s Solar & Wind Finance & Investment Summit in Phoenix, AZ where he will moderate the “Lender Perspectives for 2024 and Beyond” panel.

Policies and incentives supporting the energy transition, combined with strong oil & gas cashflows and growing concerns over energy security, have enhanced efforts to modernize the industry and invest in technologies that will accelerate decarbonization.

Join projects & energy transition partners Ike Emehelu and Shariff Barakat as well as energy regulation partner Emily Mallen at Infocast's Projects & Money conference where Ike will moderate the “Lenders' Perspectives on The Financing Outlook for 2024” panel, Shariff will moderate “The State of the Tax Equity Market” panel and Emily will host the “Gas Asset Finance & Investment 2024” panel.

On October 27, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued orders on two liquefied natural gas (LNG) export terminal projects sponsored by Rio Grande LNG, LLC (Rio Grande)¹ and Texas LNG Brownsville LLC (Texas LNG)² under development in Brownsville, Texas. The orders reaffirmed FERC’s April 2023 decisions³ finding that the terminals’ authorizations were not inconsistent with the public interest under section 3 of the Natural Gas Act (NGA) after challenges to those decisions were filed in May. The genesis of the April 2023 decisions was a remand ordered by the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) finding that FERC’s initial authorization of the projects in 2019 was legally deficient.

On September 21, 2023, during the Federal Energy Regulatory Commission’s (FERC) September open meeting, Acting FERC Chairman Willie Phillips committed to scheduling a vote on pending rehearing petitions related to two liquefied natural gas (LNG) export terminal projects under development in Brownsville, Texas, by September 29. Chairman Phillips’ commitment followed a failed motion by Commissioner James Danly to hold another open meeting to vote on the rehearing orders before FERC loses its jurisdiction to do so under section 19 of the Natural Gas Act (NGA).