A federal court in Virginia has been tasked with deciding the fate of a federal rule designed to spur long-term grid planning and advance access to renewable energy.
The Judicial Panel on Multidistrict Litigation last week announced that 11 lawsuits filed against the Federal Energy Regulatory Commission rule in nearly every one of the nation’s 12 federal appeals courts will be consolidated in the 4th Circuit U.S. Court of Appeals in Richmond.
FERC Order 1920, which imposes planning requirements for regional transmission development, faces challenges from Republican attorneys general, state utility regulators and environmental advocacy groups.
The legal brawl has the potential to serve as one of the first tests of the Supreme Court’s recent decision to overturn the Chevron doctrine, which for 40 years said judges should generally defer to agencies’ reasonable interpretations of ambiguous laws.
