Following the U.S. Supreme Court’s overturning of the Chevron doctrine on June 28, federal agencies, including the Federal Energy Regulatory Commission (FERC), may face new challenges in their rulemaking processes. According to Norman Bay at Willkie Farr, this change is likely to have a limited impact on the majority of FERC’s orders. However, losing the Chevron deference means FERC has lost a significant fallback argument, necessitating a more cautious approach to rulemaking.
For an in-depth analysis of the potential implications, attorneys are discussing the decision’s likely impact on rulemaking and litigation across various practice areas. More details can be found in the article published by Law360 here.