Court’s GHG Ruling May Spur Challenges To FERC Carbon Pricing Power

The Supreme Court’s decision constraining EPA’s greenhouse gas regulatory authority under the “major questions” doctrine is likely to spur legal challenges to the Federal Energy Regulatory Commission’s (FERC) ability to incorporate states’ carbon pricing requirements into wholesale power market rules, attorneys say. “Does FERC have the authority to review those wholesale market rules that incorporate carbon pricing and put that pricing into account and approve those plans? That is going to be a question that may run afoul of the...