Anand Viswanathan Discusses Supreme Court Case Implications on FERC Enforcement
News
December 1, 2023
For its Inside FERC newsletter, Platts reached out to Special Counsel Anand Viswanathan for his insight about a case before the Supreme Court that has implications for the Federal Energy Regulatory Commission (FERC). The case, Securities and Exchange Commission v. Jarkesy, tests whether in-house enforcement proceedings at the SEC violate the US Constitution. Some energy developers have told the Court that FERC’s enforcement system mirrors the SEC’s, similarly depriving litigants of their right to a jury trial, particularly in natural gas cases.
Anand, a former enforcement lawyer for FERC, told Platts that the agency already faces legal handicaps pursuing alleged manipulation of the natural gas market. He referenced last year’s Fifth Circuit decision in BP America, observing that it “will complicate FERC’s ability to demonstrate jurisdiction over allegedly manipulative schemes, yet another hurdle on top of the general disadvantage of likely having to, at some point, litigate these sorts of cases in the industry’s home turf within the Fifth Circuit.”
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News
December 1, 2023
For its Inside FERC newsletter, Platts reached out to Special Counsel Anand Viswanathan for his insight about a case before the Supreme Court that has implications for the Federal Energy Regulatory Commission (FERC). The case, Securities and Exchange Commission v. Jarkesy, tests whether in-house enforcement proceedings at the SEC violate the US Constitution. Some energy developers have told the Court that FERC’s enforcement system mirrors the SEC’s, similarly depriving litigants of their right to a jury trial, particularly in natural gas cases.
Anand, a former enforcement lawyer for FERC, told Platts that the agency already faces legal handicaps pursuing alleged manipulation of the natural gas market. He referenced last year’s Fifth Circuit decision in BP America, observing that it “will complicate FERC’s ability to demonstrate jurisdiction over allegedly manipulative schemes, yet another hurdle on top of the general disadvantage of likely having to, at some point, litigate these sorts of cases in the industry’s home turf within the Fifth Circuit.”
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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