2023 EBA President’s Award Recipient: Senator Lisa Murkowski

The EBA selected Senator Lisa Murkowski (R- Alaska) as the recipient of the Energy Bar Association’s prestigious President’s Award. This award is given to individuals who have made an extraordinary contribution to the profession or to the development of energy law over a long career and to those who have advanced significant change to the energy law landscape.

The Impact of West Virginia v. EPA on Challenges to FERC’s Authority Under the Major Questions Doctrine

In the Spring 2022 issue of the EBA Brief, Harvey Reiter highlighted a significant legal development that implicated the authority of federal regulatory agencies, including the Federal Energy Regulatory Commission (FERC). This article picks up where Reiter’s left off to address West Virginia v. EPA—the most recent Supreme Court case involving the major questions doctrine, and the first Supreme Court majority opinion expressly referencing and exploring the doctrine.

The Hydrogen Pipeline Debate Requires Candid and Serious Consideration of Existing Regulatory Regimes

An active debate is currently underway as to how hydrogen pipelines can and should be regulated.  Within this debate are those who believe hydrogen pipelines are (and should be) subject to regulation under the Interstate Commerce Act (ICA), which currently governs pipelines carrying oil, petroleum products, and natural gas liquids (NGLs), and those who believe hydrogen pipelines are (or should be) regulated under the Natural Gas Act (NGA).