Ruling Helps Clarify FERC's Post-Jarkesy Enforcement Power

By Kenneth Irvin, Terence Healey and Alexandra Calabro ( February 2, 2026, 10:32 AM EST) -- On Nov. 24, 2025, the U.S. District Court for the Middle District of North Carolina issued an opinion and order in American Efficient LLC v. Federal Energy Regulatory Commission. The court denied a motion filed by American Efficient and its subsidiary, Affirmed Energy LLC, to preliminarily enjoin FERC from assessing penalties and requiring the disgorgement of profits, following an investigation into American Efficient's alleged misconduct under the Federal Power Act.[1]...

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