Article by Theodore Danielson
This Case Note challenges the Fifth Circuit's assumptions and argues that FERC, not bankruptcy courts, should decide what is best for the public interest. This Note posits that Congress did not intend for FERC, an agency dedicated to energy regulation, to be relegated to the sidelines in bankruptcy proceedings. The Ultra court may have exceeded its authority when it allowed bankruptcy courts to exclusively decide whether rejection of a filed-rate contract harms the public interest.
About the Author
Theodore Danielson, J.D. Candidate 2024, Tulane University Law School. Thank you to Professor Feibelman and the members of the Tulane Law Review for their assistance in preparing this Case Note for publication. Thank you also to my family and friends for their support.
Citation
97 Tul. L. Rev. 585