Seth Hilton and Jason Johns Discuss Implications for Energy Industry of Amy Coney Barrett Confirmation

Energy development and regulatory attorneys Seth Hilton and Jason Johns contributed an article to Utility Dive titled “Justice Barrett’s confirmation and how it may affect the energy industry,” published November 2, 2020. Hilton and Johns focus on the impact of Justice Barrett’s addition to the Supreme Court with respect to climate change, and FERC and other federal agency jurisdiction.

The authors discuss a key case concerning the regulation of greenhouse gases. In its 2007 decision, the Court held that the EPA had both the authority and the obligation to regulate greenhouse gases under the Clean Air Act. They note that the rightward shift of the Court increases “the likelihood that the Court may now have a much more limited view of both federal and state rights to regulate around climate change.”

As to review by the Court of the scope of federal agencies’ jurisdiction, the authors state: “Generally, conservative courts have held a narrow view of the scope of agency jurisdiction and may be more willing to reverse agency decisions.”