Mary-Kate Rigney

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On October 7, 2025, FERC rescinded the regulation that precluded natural gas pipeline companies from receiving authorization to proceed with construction of their new projects during the period for filing requests for rehearing of certificate orders, or while rehearing is pending. In doing so, FERC stated that its rescission will…

On June 2, 2025, President Donald Trump announced the nomination of Laura Swett to occupy the Federal Energy Regulatory Commission (“FERC”) seat previously held by Chairman Mark Christie. Following this, on July 16, 2025, Trump nominated David LaCerte for another vacant commissioner position at FERC. Swett is currently practicing as an energy attorney at the law firm Vinson & Elkins, while LaCerte serves as the principal White House liaison and senior advisor to the director of the U.S. Office of Personnel Management.

On July 11, 2025, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) issued an opinion in Pacific Gas & Electric Company v. FERC, addressing a challenge by Pacific Gas & Electric Company (“PG&E”), Southern California Edison, and San Diego Gas & Electric Company (collectively, the “California Utilities”) to a Federal Energy Regulatory Commission (“FERC”) order denying PG&E’s request for an “RTO Adder” for its participation in the California Independent System Operator Corporation (“CAISO”). The Utilities argued that they were entitled to this incentive under section 219(c) of the Federal Power Act (“FPA”), but FERC determined that their participation in CAISO was not voluntary due to California law mandating their participation, and thus they were ineligible for the adder. On appeal, the Ninth Circuit affirmed FERC’s order.

On June 20, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) revisions to its Western Energy Imbalance Service (WEIS) tariff to allow a participating balancing authority to initiate a market hold due to reliability concerns and to specify how SPP will settle the market in the event of such a market hold. FERC found that the revisions will allow participating balancing authorities to timely respond to reliability-based events while avoiding disruptions to the WEIS market.

On May 23, 2025, FERC upheld on rehearing its prior orders authorizing Venture Global CP2 LNG, LLC to build a new liquified natural gas (“LNG”) export terminal (“CP2 LNG Terminal”) and granting Venture Global CP Express, LLC (together, with Venture Global CP2 LNG, LLC, “Venture Global”) a certificate of public convenience and necessity (“CPCN”) to construct and operate a new natural gas pipeline (“CP Express Pipeline,” together, with the CP2 LNG Terminal, the “Projects”) to connect the CP2 LNG Terminal to the existing natural gas pipeline grid (“May 23 Rehearing Order”). In its May 23 Rehearing Order, FERC continued to find that the Projects are environmentally acceptable actions and not inconsistent with the public interest.

On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive Order”) is unlawful. The Plaintiff States argue that the Executive Order commands federal agencies to disregard the law and applicable regulations to fast-track activities that will damage waters, wetlands, endangered species, and the people and wildlife that rely on these resources.

On November 21, 2024, the Federal Energy Regulatory Commission (“FERC”) issued a final rule establishing a categorical one-year “reasonable period of time” for certifying authorities to act on requests for water quality certification under section 401 of the Clean Water Act (“CWA”). The final rule also clarifies that all FERC authorizations “that have the potential to discharge into waters of the United States,” including hydropower exemptions, amendments, and surrenders, require either a section 401 water quality certification or waiver thereof.

On July 30, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion vacating and remanding FERC’s order approving Transcontinental Gas Pipe Line Company’s (“Transco”) Regional Energy Access Expansion Project (“Project”) determining that FERC failed to consider environmental consequences and evidence suggesting…

On September 19, 2024, the Federal Energy Regulatory Commission (“FERC”) denied Enerwise Global Technologies, LLC’s (“CPower”) complaint against PJM Interconnection, LLC (“PJM”) alleging that PJM’s Open Access Transmission Tariff (“Tariff”) was unjust, unreasonable, and unduly discriminatory because it prevents Curtailment Service Providers (“CSP”) from using approved statistical sampling rules to…

On July 16, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found that FERC failed to adequately consider a liquefied natural gas (“LNG”) project’s greenhouse gas (“GHG”) emissions and failed to properly assess the cumulative effects of the LNG project’s nitrogen dioxide (“NO2”) emissions. While the D.C. Circuit remanded to FERC for further consideration, it did so without vacatur.