Litigation & Appellate Review Practice
Issue Alerts
Supreme Court Clarifies the Mobile-Sierra Doctrine’s Public Interest Standard
Howard Shapiro, Emily PitlickJuly 1, 2008
The Supreme Court has clarified the Mobile-Sierra doctrine’s public interest standard in cases involving negotiated contracts challenged under the “just and reasonable” standards of sections 205 and 206 of the Federal Power Act. Morgan Stanley Capital Group, Inc. v. Public Utility District No. 1, No. 06-1457.
DC Circuit Reconfirms FERC’s Remedial Discretion
Howard Shapiro, Emily PitlickDecember 21, 2007
The U.S. Court of Appeals for the District of Columbia Circuit has strongly reconfirmed the enforcement and remedial discretion of the Federal Energy Regulatory Commission (“FERC”) in its decision, Consolidated Edison Co. of New York v. FERC. No. 06-1025, (D.C. Cir. Dec. 18, 2007). The court reemphasized that on judicial review it must defer to FERC’s reasonably explained decisions because “agency discretion is at its zenith” when the agency is fashioning remedies.