How Congress May Bail Out FERC On Tolling Orders

Law360 (August 6, 2020, 4:00 PM EDT) -- Both the Natural Gas Act and the Federal Power Act provide that the Federal Energy Regulatory Commission has 30 days to act on an application for rehearing, or the request will be deemed denied, triggering the immediate right to seek judicial review. FERC routinely has relied upon the issuance of so-called tolling orders to negate the automatic denial of the rehearing request if an order has not issued within 30 days, thereby giving itself unlimited additional time within which to act.

In Allegheny Defense Project v. FERC, the U.S. Court of Appeals for the District of Columbia Circuit dealt a major blow to this...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!