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Part 3 of 3 — What it means for stakeholders, and what comes next

This is Part 3 of a three-part series. Start with Part 1 and Part 2.

Data center demand is straining the electric grid faster than the system was built to absorb, and the resulting pressures have revived a 90-year-old question about regulatory authority: when a very large customer connects directly to the high-voltage transmission system, does the federal government or the state control the terms? In October 2025 the Department of Energy directed FERC to claim that authority for itself, at least for loads above 20 MW.

Continue Reading The jurisdictional collision over large loads and data center interconnection

Relying on a 2018 decision from the United States Court of Appeals for the Third Circuit, a Pennsylvania district court reaffirmed that Religious Freedom Restoration Act (RFRA) claims against a Federal Energy Regulatory Commission (FERC)-regulated pipeline must be made initially to FERC.  Adorers of the Blood of Christ v. Transco. Gas Pipe Line Co.
Continue Reading Religious Freedom Restoration Act claims against FERC-regulated pipeline must be presented initially to FERC, regardless of damages sought

In the Tennant v. Range Res. Appalachia decision issued on Sept. 21, 2021, Judge Hardy of the Western District of Pennsylvania determined that unless an oil and gas lease expressly shifted the burden to the defendant lessee, the plaintiff lessors bore the burden of proof on their claim of underpaid royalties.
Continue Reading Plaintiff lessors bear burden of proof in royalty breach claim