Randy Elliott authored an article discussing the potential uncertainty participants in the energy sector may face concerning judicial review of orders of the Federal Energy Regulatory Commission (FERC) should the Supreme Court overrule or modify the landmark 1984 decision Chevron U.S.A. v. Natural Resources Defense Council, which established judicial deference to regulatory agencies’ reasonable interpretation of ambiguities in statutes they administer. Chevron is currently under review by the Supreme Court in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dept. of Commerce. In reviewing FERC’s history and Chevron’s application to FERC decision making, Randy discusses the potential shifts from a change to Chevron but notes the likelihood of continued judicial deference to FERC.
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