FERC Judicial Review Tracker

This track­er was launched February 14, 2022. It was last updat­ed September 1, 2022.

The State Energy & Environmental Impact Center has created this tracker to collect court decisions reviewing orders of the Federal Energy Regulatory Commission (FERC).1 This tracker will be updated as new decisions are issued. It will also be expanded to cover earlier years.

Background

Under the statutes governing judicial review of FERC orders, the Federal Power Act and the Natural Gas Act, an aggrieved party must seek rehearing from FERC before filing a petition for review.2 Court decisions reviewing FERC orders thus typically review two orders – an order, and an order on rehearing.

FERC is composed of five members, with no more than 3 from any one political party. The chair is determined by the president.3 FERC must have a quorum of three commissioners participating to take an action. A commissioner might not participate in a case if they are recused due to a conflict or other issue.

In this tracker, we include the history of the FERC orders on review. We list the Commissioner composition and Chair at the time of the final FERC order that was subject to the court decision. And we note which orders include a dissent or partial dissent (commissioners also sometimes concur, but we have not separately listed that data in this tracker for brevity’s sake).

117 cases match your search. 13 were granted, 90 were denied, 13 were granted in part, denied in part.   Download as CSV

Aircraft Service International, Inc., D/B/A Menzies Aviation, et al. v. FERC and United States of America 1/22/2021

Judicial Review

Court
Judge Ideology 4
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
Petroleum
Industry
Denied
Petition for review of FERC finding it lacked jurisdiction to regulate rates for transporting jet fuel denied.

FERC Proceeding

Commissioner Composition 5
Chair 6
Participating Commissioners
Dissenting Commissioners 7
Republican
Chatterjee
3
0

FERC Orders on Review

Aircraft Service International Group, Inc., et al. v. Central Florida Pipeline, LLC, et al., Op. 567, 169 FERC ¶ 61,119 (2019).

Enable Mississippi River Transmission, LLC and Enable Gas Transmission, LLC v. FERC 8/14/2020

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
Gas
Industry
Denied
Petition for review of FERC policy on tax allowances for pipeline partnerships dismissed as moot.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
McIntyre
5
0

FERC Orders on Review

Inquiry Regarding the Commission’s Policy for Recovery of Income Tax Costs, 162 FERC ¶ 61,227 (2018), order on reh’g, 164 FERC ¶ 61,030 (2018).

SFPP, L.P. v. FERC and United States of America 7/31/2020

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
Petroleum
Industry
Denied
Petition for review of FERC orders denying an income tax allowance denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Split
Chatterjee
4
0

FERC Orders on Review

SFPP, Inc., Op., 162 FERC ¶ 61,228, order on reh’g, 166 FERC ¶ 61,142 (2019).

El Paso Natural Gas Company, L.L.C. v. FERC 7/24/2020

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
Gas
Industry
Denied
Petition for review of FERC rate orders denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
McIntyre
5
0

FERC Orders on Review

El Paso Natural Gas Co., Op. No. 528, 145 FERC ¶ 61,040 (2013), order on reh’g and compl., 154 FERC ¶ 61,120 (2016), order on compl. and reh’g, 163 FERC ¶ 61,079 (2018).

National Association of Regulatory Utility Commissioners v. FERC 7/10/2020

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
Electric
State Gov
Denied
Petition for review of FERC order removing barriers to participation in wholesale electric markets for storage resources denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Split
Chatterjee
4
1

FERC Orders on Review

Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators, Order 841, 162 FERC ¶ 61,127 (2018), order on reh’g and clar., Order 841-A, 167 FERC ¶ 61,154 (2019).

Allegheny Defense Project, et al. v. FERC 6/30/2020

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
Gas
NGO
Denied
En banc rehearing finding that FERC’s use of tolling orders for rehearing requests is not action on the request under the plain statutory language and context, but denying petition for review of certificate issued for the Atlantic Sunrise Pipeline on the merits.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
N/A
N/A
3
0

FERC Orders on Review

Transcontinental Gas Pipe Line Co., LLC, 158 FERC ¶ 61,125 (2017), order on reh’g, 161 FERC ¶ 61,250 (2017).

Nebraska Public Power District v. FERC 4/30/2020

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
8th Circuit
Republican
Electric
Public Power
Denied
Petition for review of FERC’s order on cost allocation issue in SPP denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Split
Chatterjee
4
0

FERC Orders on Review

Southwest Power Pool, Inc., Op. No. 562, 163 FERC ¶ 61,109 (2018), reh’g denied, Op. No. 562-A, 166 FERC ¶ 61,019 (2019).

Gulf South Pipeline Company, LLP v. FERC 4/10/2020

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
Gas
Industry
Granted in part, denied in part
Petition for review of FERC’s rejection of incremental-plus rates for gas pipeline granted, petition for review denied in other respects.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Split
Chatterjee
4
0

FERC Orders on Review

Gulf South Pipeline Co., LP, 163 FERC ¶ 61,124 (2018), reh’g denied, 166 FERC ¶ 61,089 (2019).

Baltimore Gas and Electric Company v. FERC 3/27/2020

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
Electric
Industry
Denied
Petition for review of FERC’s rejection of rate revisions to recover taxes denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Split
McIntyre
4
0

FERC Orders on Review

PJM Interconnection, L.L.C., 161 FERC ¶ 61,163 (2017), order on reh’g & clar., 164 FERC ¶ 61,173 (2018).

FERC v. Powhatan Energy Fund LLC, et al. 2/11/2020

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
4th Circuit
Democrat
Electric
Other
Denied
Petition for review of FERC enforcement action denied (statute of limitations challenge).

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
N/A
N/A

FERC Orders on Review

N/A, appeal from district court ruling
  1. Court decisions are gathered from FERC’s website.
  2. 15 U.S.C. § 717r; 16 U.S.C. § 825l.
  3. The list of current and previous chairs is available here.
  4. This tracker uses the affiliation of the president who nominated the reviewing judge as a proxy for the judge’s ideology. If the decision was issued by a panel of judges that were not all nominated by a president of the same political party, we have indicated the party affiliation of the president for the majority of judges on the panel.
  5. This indicates the political party affiliation of the majority of the FERC commissioners participating in the last decision on review in the relevant court case. “Split” indicates that there was an even number of Democrats and Republicans on the Commission at the time.
  6. This indicates the FERC chair at the time of the last decision on review in the relevant court case.
  7. This includes Commissioners who dissented in part from the order or concurred in part and dissented in part.