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Federal Court to Review FERC Rule on Grid Planning Amid Consolidated Lawsuits from Diverse Challengers

A federal court in Virginia is set to decide the fate of a federal rule by the Federal Energy Regulatory Commission (FERC) designed to encourage long-term grid planning and access to renewable energy. The Judicial Panel on Multidistrict Litigation announced that 11 lawsuits filed against the rule will be consolidated in the 4th Circuit U.S. Court of Appeals in Richmond. The rule, which imposes planning requirements for regional transmission development, is being challenged by Republican attorneys general, state utility regulators, and environmental advocacy groups. This case could potentially test the Supreme Court’s recent decision to overturn the Chevron doctrine, which states judges should generally defer to agencies’ reasonable interpretations of ambiguous laws.

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