D.C. Circuit Reconfirms FERC’s Remedial Discretion

Law360, New York (January 9, 2008, 12:00 AM EST) -- The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) has strongly reconfirmed the enforcement and remedial discretion of the Federal Energy Regulatory Commission (“FERC” or “Commission”) in its decision, Consolidated Edison Co. of New York v. FERC. No. 06-1025, (D.C. Cir. Dec. 18, 2007) (“ConEd II”).

The court reemphasized that on judicial review it must defer to FERC’s reasonably explained decisions because “agency discretion is at its zenith” when the agency is fashioning remedies. ConEd II, slip op. at 9.

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