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Lyle Larson, partner in the firm’s Birmingham office and member of the Energy Practice, discussed the future of “Chevron” deference to energy regulatory decisions in an authored article for Best Lawyers on July 12, 2018. He shared how changes in the U.S. Supreme Court could lead to less deference to agency interpretation of filed tariffs.
In the article, Lyle provided an overview of the judicial deference to administrative agencies and how it affects the agency interpretation of their own regulations and tariffs by energy industry participants, as well as how Justice Anthony Kennedy’s departure from the U.S. Supreme Court opens a seat that could become occupied by a true deference skeptic. Specifically, Lyle discussed the impact on government agencies, including the Federal Energy Regulatory Commission (FERC).
Lyle regularly works on regulatory compliance issues within the energy industry. Lyle counsels clients involved in all aspects of the electrical industry, drawing upon more than 25 years of experience helping clients navigate complex regulatory issues. He is recognized for his work serving as Federal Energy Regulatory Commission (FERC) counsel to over 25 separate market-based rate sellers and qualifying facilities.