Long-Awaited Decision is a Mixed Result for Litigants Battling FERC Enforcement Actions in Federal Court
Individuals and organizations litigating the imposition of civil penalties by the Federal Energy Regulatory Commission under its anti-manipulation authority in federal court received another opinion last week, this time from the Federal District Court for the District of Massachusetts, in what are commonly known as the “Paper Mill” cases. On April 11, 2016, the court denied motions to dismiss and for judgment on the pleadings filed as early as December 19, 2013 by Lincoln Paper and Tissue, LLC, Competitive Energy Services, LLC, and Richard Silkman. The decision is significant because it follows Judge Nunley’s decision in FERC v. Barclays Bank PLC et al., in the Eastern District of California as only the second time that a federal court has ruled on dispositive motions challenging FERC’s jurisdiction and the adequacy of its allegations in a civil penalty enforcement action under the Federal Power Act.read more »
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