News Brief

February 19, 2025

Trump claims power over Federal Energy Regulatory Commission, other independent agencies

The White House on Tuesday issued an order claiming authority over independent federal agencies, including the Federal Energy Regulatory Commission (FERC).

FERC is an independent agency that is part of the Department of Energy, which regulates the transmission of natural gas, oil, and electricity across state lines. It also has the authority to approve the construction and operation of liquified natural gas export terminals. FERC is governed by five commissioners –currently three Democrats and two Republicans – appointed by the president who serve five-year terms.

In Tuesday’s unprecedented order, the Trump Administration said FERC and other independent agencies must submit all regulations to review by White House officials. It would also give the president control over the agency’s budget, establish “performance standards” for leadership, and appoint a White House “liaison.”

William Scherman, a partner at Vinson & Elkins and former FERC general counsel, told Axios that a provision in the Department of Energy Organization Act, which created FERC, blocks the Department of Energy from directing FERC’s actions.

“How that plays out in applying this executive order remains to be seen,” Scherman told the news outlet.

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