FERC in Position to Ride Out Any Election Day Upheaval

Friday, November 1, 2024

David Zambito was quoted in a Law360 article regarding the potential impact on the policies and staff of the Federal Energy Regulatory Commission (FERC) once a new president takes office. FERC’s policy direction is unlikely to be overturned immediately due to the current full complement of commissioners, including a 3-2 Democratic majority. FERC is an independent agency, and major moves to exert control would likely result in a court battle.

It is possible that a Republican administration would reinstate an executive order that makes it easier to dismiss federal employees. Despite this, followers of FERC do not believe there will be immediate effects regardless of who the next president is, with the agency remaining a collaborative entity where most orders are approved on a bipartisan basis. "They serve a policymaking function and an adjudicatory function," said David. "It's by design and it's not subject to the immediate political winds."

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