In an effort to resolve the lack of a quorum at the Federal Energy Regulatory Commission (FERC), yesterday President Trump nominated Neil Chatterjee and Robert Powelson to fill Commissioner vacancies.  Mr. Chatterjee is the senior energy advisor to Senate Majority Leader Mitch McConnell and previously worked with the National Rural Electric Cooperative Association.  Mr. Powelson is a current member of the Pennsylvania Public Utilities Commission and president of National Rural Electric Cooperative Association.  If the nominees are confirmed, FERC will regain a quorum, which it has not had since early February.  Reports have also signaled that Trump is expected to nominate Kevin McIntyre, an energy lawyer in private practice, to serve as the Commission Chairman.

Continue Reading Trump Takes Steps to Move FERC Towards a Quorum

For the past three months, the Federal Energy Regulatory Commission (FERC or the Commission) has been without a quorum needed to make any decisions approving pipeline permits or rates.  FERC is designed to have 5 Commissioners, but it must have at least 3 to constitute a quorum and make decisions.  FERC Chairman Norman Bay resigned on February 3, 2017, leaving the Agency with only 2 Commissioners; less than a decision making quorum.  To make matters worse, Commissioner Colleen Honorable announced this week that she intends to resign in the coming months.

Continue Reading FERC Makes Waves, Even While Drifting

Just last summer, EPA released its final version of the Technical Guidance for Assessing Environmental Justice in Regulatory Analysis (EJ Technical Guidance), defining “environmental justice” as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” Now, not quite a year later, EPA is facing a proposed $2.6M budget decrease which will reportedly cripple the EJ program.
Continue Reading Fate of Environmental Justice Considerations