Sidley Energy Enforcement Update

This Sidley Update addresses the following:

• District court judge finds that FERC may not pursue joint and several liability and disgorgement in Coaltrain case – FERC seeks interlocutory appeal.
• FERC Report on Enforcement highlights increased enforcement activity in 2021.
• FERC approves settlement between Enforcement staff and Golden Spread.
• FERC orders penalties against GreenHat Energy, LLC and individuals.
• DOJ and CFTC charge Puerto Rico resident and his firm for misappropriation of nonpublic information and fictitious trading.

District court judge finds that FERC may not pursue joint and several liability and disgorgement in Coaltrain case. On November 29, 2021, Judge Michael H. Watson of the U.S. District Court for the Southern District of Ohio issued an order ruling the district court lacked the jurisdiction to review an award issued pursuant to Section 309 of the Federal Power Act seeking disgorgement or joint and several liability in the