JOURNAL ARTICLE

Loper Bright and Broadview Solar: A Glimpse into the Future of Deference to FERC.

  • Published In: Infrastructure, 2025, v. 64, n. 3. P. 12 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Bartholomew, Faren M.; McCarthy, Catherine P.; Shkuta, Boris 3 of 3

Abstract

The article discusses the implications of the Supreme Court's decision in Loper Bright on the Federal Energy Regulatory Commission's (FERC) implementation of the Federal Power Act (FPA) and the Public Utility Regulatory Policies Act of 1978 (PURPA). It highlights the ongoing Broadview case, which involves a dispute over how FERC should measure compliance with PURPA's capacity limits for renewable energy projects, specifically regarding a solar array and battery storage system. The article notes that the DC Circuit's upcoming decision may influence future FERC determinations and the renewable energy sector, particularly in light of the Supreme Court's vacatur of the DC Circuit's previous ruling. The outcome of this case could affect how courts defer to FERC's interpretations in similar appeals. [Extracted from the article]

Additional Information

  • Source:Infrastructure. 2025/04, Vol. 64, Issue 3, p12
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:1097-251X
  • Accession Number:187419102
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