Originally published by Energy Legal Blog ®.
Recent federal circuit court of appeals decisions have cast doubt on the constitutionality of the use of administrative law judges (ALJs) in adjudicative proceedings. ALJs are widely used to adjudicate disputes and enforcement actions in regulated industries, including in administrative proceedings overseen by the Federal Energy Regulatory Commission (FERC) and the Securities and Exchange Commission (SEC).[1] At FERC, ALJs also preside over adversarial trial-type rate and technical proceedings. As of March
Energy
David Perlman, Britt Cass Steckman
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