What the FERC?

|The Volokh Conspiracy |

Today the U.S. Court of Appeals for the D.C. Circuit rejected challenges to several FERC orders made in rate proceedings in Area Energy LLC v. FERC. Judge Sentelle wrote for a unanimous court.

Senior Circuit Judge Laurence Silberman filed a separate statement. It reads in its entirety: "I wish FERC's briefing was as clear as Judge Sentelle's opinion."

When I clerked on the D.C. Circuit, clerks generally dreaded working on FERC cases, in no small part because we'd anticipate poor briefing. Combined with the complicated, detail-oriented questions, it could be mind-numbing to prepare for such cases. Some clerks would even use FERC as an expletive. It seems not much has changed.