FERC Investigations: Uncertainty Continues as Two Federal Courts Differ on When FERC Must Bring Enforcement Actions in Federal Court: Insights from Nutter’s Matt ConnollyPrint PDF
Matt Connolly, a senior associate in Nutter’s Litigation Department, analyzed how the decision in FERC v. Barclays is yet another example of uncertainty in Federal Energy Regulatory Commission (FERC) enforcement actions brought in federal court in Nutter Insights. Matt discussed how this decision differed from other FERC cases, pointing out that the statute of limitations decision creates a district court split over the limitations period for enforcement actions brought in federal court. In 2016, a judge in the District of Massachusetts found that there were effectively two 5-year limitations periods while the Barclays court disagreed. Instead of two limitations periods, the judge found that FERC had five years from the date of the alleged conduct to bring an action in federal court. Matt also outlined how the resulting uncertainty will impact future FERC enforcement actions.