Tag Archives: City of Arlington

A Potentially Lurking Issue in a Recent Cert. Grant

by Andrew Hessick — Wednesday, May 6, 2015@andyhessick

On May 4, the Supreme Court granted certiorari in FERC v. Electric Power Supply Association (and a companion case). The case raises the question whether FERC exceeded its authority in issuing a regulation that gives retail energy customers incentives to reduce electricity consumption. The Federal Power Act (“FPA”) grants FERC the power to regulate the […]

Debating Daniel Deacon on Title II Reclassification

by Gus Hurwitz — Wednesday, Feb. 11, 2015

Daniel Deacon’s recent Notice & Comment post does a nice job of laying out the legal basis that will likely be used by FCC Chairman Wheeler’s proposed Open Internet (a/k/a net neutrality) rules. And his analysis of this legal basis reflects conventional wisdom. He is right that it is reasonably likely that the courts will […]