Wilson Sonsini partner Matt Christiansen, former General Counsel of FERC, was featured in Law360 discussing the Third Circuit’s ruling limiting states’ ability to block transmission projects approved by regional grid operators.

Matt explained that the decision strengthens FERC’s authority in regional transmission planning and bolsters the agency’s legal footing as it defends its landmark Order No. 1920, which overhauls long-term transmission planning policies. He noted that while Order 1920 was designed to encourage states to participate in the planning process—“sort of like a carrot”—the Third Circuit’s decision acts as “a stick,” making clear that states cannot use siting authority to override federally approved planning decisions.

“This decision makes clear that when there is a conflict between the state authority and FERC’s regional transmission planning processes, FERC wins,” Matt said. “That’s important for FERC, that’s important for transmission planning, and I do think that will be important for the 1920 litigation.”

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