Jeff Dennis
@energylawjeff.bsky.social
Electricity grid, wholesale power markets, energy and environmental law and policy nerd. I’ve worked at places in DC. Immediate Past Chair of ABA Section of Environment, Energy, and Resources. Dog enthusiast.
Law360 did add context, which is good, but others did not.
August 14, 2025 at 5:04 PM
Law360 did add context, which is good, but others did not.
"“Lindsay See is a Biden-appointed Republican. I would point you to her voting record & the number of votes she has abstained from. It is important that we have an engaged member leading the commission,” a White House official said in an email." subscriber.politicopro.com/article/eene...
E&E News: White House: New FERC chair committed to Trump’s energy agenda
Democrat David Rosner took the commission's helm Wednesday as rising tech industry demands for electricity shape major energy policy issues.
subscriber.politicopro.com
August 14, 2025 at 5:01 PM
"“Lindsay See is a Biden-appointed Republican. I would point you to her voting record & the number of votes she has abstained from. It is important that we have an engaged member leading the commission,” a White House official said in an email." subscriber.politicopro.com/article/eene...
Also important to note they happen most when you are relatively new in government service given cooling off periods. They become less relevant (almost non-existent) the longer you are a public service and separated from your prior employment and clients. 11/11
August 14, 2025 at 4:49 PM
Also important to note they happen most when you are relatively new in government service given cooling off periods. They become less relevant (almost non-existent) the longer you are a public service and separated from your prior employment and clients. 11/11
There’s obviously a lot of nuance in the application of these rules, but in general recusals need to be understood in the context of these rules and their purpose, which is to ensure integrity and impartiality in government decisions. Recusals are not just sitting out. 10/
August 14, 2025 at 4:48 PM
There’s obviously a lot of nuance in the application of these rules, but in general recusals need to be understood in the context of these rules and their purpose, which is to ensure integrity and impartiality in government decisions. Recusals are not just sitting out. 10/
If you are a lawyer, you also have obligations under the Rules of Professional Conduct that mirror the obligations in the regulations I described above. My chapter in this book (Chapter 10) discusses those in detail. 9/ www.americanbar.org/products/inv...
Ethics and Environmental Practice: A Lawyer's Guide
Ethics and Environmental Practice: A Lawyer's Guide
www.americanbar.org
August 14, 2025 at 4:48 PM
If you are a lawyer, you also have obligations under the Rules of Professional Conduct that mirror the obligations in the regulations I described above. My chapter in this book (Chapter 10) discusses those in detail. 9/ www.americanbar.org/products/inv...
You can seek an exception from the Designated Agency Ethics Official (and sometimes the Office of Government Ethics) where there are no direct financial interests involved, but I can tell you from experience they are VERY hard to get. 8/
August 14, 2025 at 4:48 PM
You can seek an exception from the Designated Agency Ethics Official (and sometimes the Office of Government Ethics) where there are no direct financial interests involved, but I can tell you from experience they are VERY hard to get. 8/
When former employers or clients are parties in a new particular matter before FERC, or that matter could substantially affect them, the regulations require a one-year “cooling off” period from participating in any decision on that matter. 7/
August 14, 2025 at 4:47 PM
When former employers or clients are parties in a new particular matter before FERC, or that matter could substantially affect them, the regulations require a one-year “cooling off” period from participating in any decision on that matter. 7/
Commissioners and decisional staff are STRICTLY barred from participating in any particular matter (i.e., docket) that they personally and substantially participated in on behalf of a party prior to coming to the agency. 6/
August 14, 2025 at 4:47 PM
Commissioners and decisional staff are STRICTLY barred from participating in any particular matter (i.e., docket) that they personally and substantially participated in on behalf of a party prior to coming to the agency. 6/
This comes up often in (1) "particular matters" (i.e., dockets) that they might have participated in prior to serving at FERC, or (2) when former employers or clients participate in particular matters before the agency. (Note: "particular matters" has important legal meaning). 5/
August 14, 2025 at 4:47 PM
This comes up often in (1) "particular matters" (i.e., dockets) that they might have participated in prior to serving at FERC, or (2) when former employers or clients participate in particular matters before the agency. (Note: "particular matters" has important legal meaning). 5/
Where there is a conflict of interest or potential for appearance of loss of impartiality, recusal—that is, not participating in the decision—is the remedy. That’s why a Commissioner sometimes does not vote on particular matters or staff do not participate. 4/
August 14, 2025 at 4:46 PM
Where there is a conflict of interest or potential for appearance of loss of impartiality, recusal—that is, not participating in the decision—is the remedy. That’s why a Commissioner sometimes does not vote on particular matters or staff do not participate. 4/
FERC Commissioners and “decisional” employees (staffers who advise the Commission and individual Commissioners on its decision) are required to avoid any “appearance of loss of impartiality in the performance of their official duties.” 18 C.F.R. 2635.501 3/
August 14, 2025 at 4:46 PM
FERC Commissioners and “decisional” employees (staffers who advise the Commission and individual Commissioners on its decision) are required to avoid any “appearance of loss of impartiality in the performance of their official duties.” 18 C.F.R. 2635.501 3/
How do I know about all this? I worked at FERC for over a decade, guided a Commissioner through their recusal obligations, and even wrote a book chapter about the ethical obligations of government lawyers. 2/ www.americanbar.org/products/inv...
Ethics and Environmental Practice: A Lawyer's Guide
Ethics and Environmental Practice: A Lawyer's Guide
www.americanbar.org
August 14, 2025 at 4:46 PM
How do I know about all this? I worked at FERC for over a decade, guided a Commissioner through their recusal obligations, and even wrote a book chapter about the ethical obligations of government lawyers. 2/ www.americanbar.org/products/inv...
I should say I did not mean to in any way diminish your accomplishments. I just tried the academia route earlier in my career and found the elitism about the right schools incredibly frustrating.
May 31, 2025 at 10:22 PM
I should say I did not mean to in any way diminish your accomplishments. I just tried the academia route earlier in my career and found the elitism about the right schools incredibly frustrating.
Or didn’t go to the right schools . . .
May 31, 2025 at 10:05 PM
Or didn’t go to the right schools . . .
I had an Ivy-adjacent elite once make fun of a colleagues choice to get a quick breakfast at McDonald’s. It definitely happens.
May 30, 2025 at 1:10 PM
I had an Ivy-adjacent elite once make fun of a colleagues choice to get a quick breakfast at McDonald’s. It definitely happens.
Having the officials on your side isn’t enough you need the broadcast crew too?
May 10, 2025 at 11:37 PM
Having the officials on your side isn’t enough you need the broadcast crew too?
This TNT crew just seems bored.
May 10, 2025 at 10:32 PM
This TNT crew just seems bored.
Just don’t be doing that at 47, because that is REALLY f-ing annoying, I’m here to tell you.
February 16, 2025 at 8:40 PM
Just don’t be doing that at 47, because that is REALLY f-ing annoying, I’m here to tell you.
Who built the MI and IL plants?
February 16, 2025 at 8:31 PM
Who built the MI and IL plants?
The team does this every year to honor their friend and goalie, a childhood cancer survivor. They show us the true meaning of loyalty, friendship, and team spirit.
February 6, 2025 at 2:11 AM
The team does this every year to honor their friend and goalie, a childhood cancer survivor. They show us the true meaning of loyalty, friendship, and team spirit.
The foundation’s goal is to increase awareness of the physiological toll on police officers and fill gaps in delivery of mental health services to them. I’m so glad to see so much good coming out of the tragedy of his death.
February 5, 2025 at 4:16 PM
The foundation’s goal is to increase awareness of the physiological toll on police officers and fill gaps in delivery of mental health services to them. I’m so glad to see so much good coming out of the tragedy of his death.