Energy regulators’ power to address planet-warming emissions is in the crosshairs in federal courts in 2024.
By Niina H. Farah, E&E News, Energy Wire
In one of the year’s biggest cases, the Supreme Court could rein in the Federal Energy Regulatory Commission’s ability to use 50-year-old laws to take bold action on emerging problems like climate change.
At issue in Loper Bright Enterprises v. Raimondo — a high-profile legal battle that will ripple through all federal agencies — is whether the justices should overturn the Chevron doctrine, which for 40 years has given regulators at FERC and elsewhere the benefit of the doubt in lawsuits over their rules.
The justices could deal a second blow to FERC this year in a securities case that has the potential to hinder the agency — and other federal regulators — from enforcing its own rules.
Beyond the Supreme Court, federal judges in 2024 may also require FERC to take a closer look at the climate impacts of the natural gas pipelines and export facilities it approves.
As the nation’s chief regulator of electricity and natural gas transmission, FERC has come under increasing pressure in recent years to stop approving projects that will be significant contributors to rising global temperatures.
How courts decide those disputes “will have reverberating effects, especially if FERC loses,” said Moneen Nasmith, a senior attorney at Earthjustice, which represents environmental organizations challenging the agency.
“What we really want FERC to be doing,” she said, “is talking about these emissions in a way that truly indicates that they understand how bad a project may be for the climate.”
Following are some of the biggest energy cases to watch in the coming year.
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