Recent Developments in Infrastructure and Regulated Industries 2023

Discovery

I. Alternative Dispute Resolution

John Jay Range

Chapter considers FAA §§ 3, 16(a); interlocutory appeal; order denying stay; Griggs doctrine; filing appeal divests district court of jurisdiction over entire case; judge-made rule bars discovery to avoid litigation costs; immunity; President Trump.

Transportation & Energy Issues

II. Antitrust

James F. Herbison, Chair

This chapter highlights significant antitrust developments across regulated industries over the past year, including in telecommunications, cable and Internet, transportation, oil and gas, and electrical power, nuclear and renewable energy.

Administrative Law

III. Communications

Christian F. Binnig

This chapter provides a synopsis of significant developments at the Federal Communications Commission and in U.S. Communications Law from June 2, 2022 to June 1, 2023, including three recent decisions from the Fifth and Sixth Circuits.

Administrative Law

IV. Labor

Paul J. Ondrasik, Jr., Daniel P. Bordoni, Eric G. Serron, Thomas Veal,and Alana Genderson

The Labor Committee’s report reviews important decisions issued over the past year in the areas of federal labor, employment, and employee benefits law, including two Supreme Court and several federal circuit court decisions.

Energy

V. Nuclear Energy

Darani M. Reddick

The Nuclear Committee’s report explores developments in nuclear legislation and policy, litigation over the licensing of interim spent fuel storage facilities, and changes to the NRC’s review of subsequent license renewal environmental impacts.

Transportation & Energy Issues

VI. Railroad

Linda Stein, Tim Strafford, Sally Mordi, and Tara Woods

The Railroad Committee’s report highlights significant Surface Transportation Board developments over the past year concerning Ex Parte rulemaking proceedings as well as the Canadian Pacific and Kansas City Southern merger.

Natural Resources

VII. Renewable Energy

Taylor Stuart, Joshua Robichaud, and Catherine McCarthy

This chapter provides a high-level summary of notable developments in the U.S. renewable energy sector, including generator interconnection reform and the status of offshore wind rulemakings, litigation, and advancements in transmission planning.

Infrastructure and Regulated Industries Section 2022–2023

A new listing of participants on the American Bar Association Infrastructure and Regulated Industries Section: 2021-2022 Roster, including officers, council, and committees.