What the FERC?

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.