By Keturah Brown and Emily Mallen (August 11, 2022, 3:50 p.m. EDT) — In July, the United States Court of Appeals for the Fifth Circuit released its decision in Gulfport Energy Corp. vs. Federal Energy Regulatory Commission.
Gulfport is the result of one of many FERC proceedings initiated in the early months of the COVID-19 pandemic seeking to apply the United States Supreme Court’s Mobile-Sierra doctrine to certain contracts dismissed in bankruptcy, to ensure their continued performance.
The Mobile-Sierra doctrine holds that bilateral agreements for transmission services regulated under the Natural Gas Act, or NGA, are tariff-filed contracts that cannot be modified or terminated unless FERC first finds that the maintenance of the tariff filed…
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