Together with Harvard’s Electricity Law Initiative, we prepared a policy brief and supplemental comments defending the Federal Energy Regulatory Commission’s (FERC) proposed rule on transmission planning reform from arguments that the proposal would trigger the major questions doctrine. We review previous transmission planning regulations and orders by FERC to explain that the major questions doctrine does not apply because the proposed rule is neither unheralded nor transformative.
Related Reading
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The Impact of West Virginia v. EPA on Challenges to FERC’s Authority Under the Major Questions Doctrine: Published in Energy Bar Association Brief
Publications / April 18, 2023
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To Be Clear, the Major Questions Doctrine Is Not a Clear-Statement Rule
In the News / December 21, 2022 / Yale Journal on Regulation blog (Opinion)
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Unheralded and Transformative: The Test for Major Questions After West Virginia: Published in William and Mary Environmental Law and Policy Review
Publications / December 12, 2022
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Regulatory Antecedents and the Major Questions Doctrine: Working paper
Publications / December 12, 2022
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The Role of Information in Distributed Energy Resource Deployment and Policy
Publications / October 24, 2022