In the last few years, the Federal Energy Regulatory Commission (FERC) has emerged from relative obscurity to find itself squarely in the middle of many of today’s most contentious public policy fights. As the agency that regulates wholesale electricity and transmission rates, the Commission faces the tension between the rapid adoption of renewable generation sources and the reliability of the bulk power system. And as the agency that reviews applications to build natural gas pipelines and liquified natural gas export facilities, how should the Commission consider the European energy crisis? Given the “economic and political significance” of these tasks, how should the Commission carry out its mission in light of West Virginia v. EPA?
At a live Regulatory Transparency Project event, following remarks from FERC Commissioner James Danly, an expert panel discussed the present and future challenges facing energy reliability and regulation.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Senior Manager, Clean Energy, World Resources Institute
Jennifer Chen, Senior Manager at World Resources Institute, helps shape electricity, transmission and governance policies with an eye toward modernizing grid infrastructure, scaling up clean energy and driving cost-effective electrification. She has written and presented on these topics, including testifying before the U.S. Congress and the U.S. Federal Energy Regulatory Commission (FERC).
Previously, Jennifer led federal electricity policy work at the Nicholas Institute, a think tank for environmental policy solutions at Duke University. She was an attorney with the Natural Resources Defense Council, where she spearheaded environmental NGO coalition efforts to advocate for an efficient and flexible power system. She also has experience working with electricity customer and renewable energy groups as an independent consultant and began her energy career at FERC.
Jennifer earned a J.D. from New York University and a Physics Ph.D. from the University of Chicago. She is a member of the California Bar and the District of Columbia Bar and is admitted to the U.S. Court of Appeals for the District of Columbia Circuit. She is a Senior Fellow in electricity policy at R Street, a board member at New Energy Economics, and a member of the U.S. Department of Energy Electricity Advisory Committee.
Counsel, Boyden Gray PLLC
Jim Wedeking is counsel at Boyden Gray PLLC. He has extensive experience with environmental regulations, providing compliance counseling for large industrial and agricultural companies and their related trade associations, drafting comments on proposed environmental rulemakings from a variety of federal agencies, and challenging those rules in court. For over 20 years he has helped companies obtain various permits and other authorizations for constructing major infrastructure projects, including fossil fuel-fired power plants, natural gas pipelines, and offshore wind turbines, as well as defend those permits and authorizations through litigation. Mr. Wedeking frequently writes on federal environmental law topics, including for the Washington Legal Foundation.
He has also counseled clients on several Freedom of Information Act matters, including the protection of confidential business information from disclosure to third parties and how the Supreme Court’s Food Marketing Institute v. Argus Leader Media decision increased protections for company information provided to regulatory agencies.
Before joining the firm, Mr. Wedeking was counsel in Sidley Austin’s Washington, D.C. environmental, health, and safety practice group. There, he represented industrial companies in defending against civil and criminal enforcement actions and toxic tort suits.
Mr. Wedeking received a J.D., cum laude, from the Catholic University of America Columbus School of Law and a B.A. in Criminology and Criminal Justice from the University of Maryland.
Partner, Steptoe & Johnson
Marc Spitzer served as a former commissioner on the Federal Energy Regulatory Commission (FERC) from July 2006 until December 2011. His practice involves counselling and representing utilities and energy companies before the FERC, at state utility commissions, Congress, federal agencies, and state legislatures. Marc's clients rely on his deep understanding of the energy sector and its policy and regulatory regimes, backed by years in appointed and elected government service. His experience enables him to advise clients through all stages of the energy supply chain from production, transmission, and distribution. Marc’s practice extends to power, gas, and oil proceedings before FERC and he has proven experience in all energy resources.
