Overview
Law360 quoted Charley Mills in an article titled “Scope of Court Review Key in FERC Manipulation Suits.” The article, published March 25, discusses legal fights between the Federal Energy Regulatory Commission (FERC) and entities targeted under FERC's expanded authority to police market manipulation. One of the main arguments is that FERC's administrative process is stacked against defendants and that guilt or innocence should be decided by federal courts through a de novo, or fresh, review of the commission allegations and proposed penalties. Some lawyers say the question of whether courts must conduct full trials to determine whether the commission's allegations and penalties should stick has emerged as a key battleground.
Mr. Mills, who recently joined Steptoe’s Energy Group, says, "Whichever way it comes out, there will be uncertainty and it could take a long time to get to a settled interpretation from appellate courts."
The full article can be read at Law360 (subscription required).