Action Alerts

Tell President Biden to appoint a new FERC commissioner

What's At Stake

If you turned on the lights or heated your home today, a little-known agency called the Federal Energy Regulatory Commission (FERC) likely played a part in that. The Federal Energy Regulatory Commission oversees energy markets and ensures consumers have access to reliable, safe, secure, and affordable energy. And with the right leadership, FERC can play a critical role in accelerating a just clean energy transition and meeting U.S. climate commitments. Right now, there is a vacancy on the Commission, and we need to urge President Biden to fill the spot.

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We are running out of time to transform our energy system to prevent the worst impacts of the climate crisis — and FERC can expedite that transition. A vacancy increases the chances that the four remaining commissioners will deadlock on or fail to make important decisions. Tell President Biden to immediately nominate a new FERC commissioner with an extensive record on environmental justice and climate change.

FERC has broad authority over the electricity and gas sectors, regulating the interstate transmission of electricity and the permitting of gas pipelines, among other things. FERC’s decisions drive investment, shape planning, and will determine how quickly the United States transitions to clean energy — or how much longer we rely on burning fossil fuels.

We’re entering a crucial moment in the transition to renewable energy and cannot afford to leave a commissioner seat vacant. The Inflation Reduction Act included the largest investment ever in upgrading America’s power grid, and FERC faces a slew of critical decisions in 2023 as the law is implemented. A deadlocked FERC will hamper that potentially transformational investment and squander time we cannot spare.

The new FERC commissioner will have their work cut out for them, but there’s a clear path forward. Earthjustice and our partners released a roadmap outlining how FERC can accelerate the transmission infrastructure we need to meet U.S. climate goals, while preventing harm to impacted communities. FERC must act on these principles in 2023.

FERC must also stand strong against gas industry pressure to weaken climate and environmental justice policies it rolled out last year, and make sure it considers the full impact of gas projects on communities and the environment.

Join us in calling on President Biden to swiftly nominate a FERC commissioner with the experience to lead our country through this pivotal transition.

The high-voltage transmission lines would have extended east for 275 miles, cutting through Virginia to their terminus in Maryland.
The high-voltage transmission lines would have extended east for 275 miles, cutting through Virginia to their terminus in Maryland. (Gyn9037 / Shutterstock)

Delivery to President Biden

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Your Actions Matter

Your messages make a difference, even if we have leaders who don't want to listen. Here's why.

You level the playing field.

Elected officials pay attention when they see that we are paying attention. Read more.

They may be hearing from industry lobbyists left and right, but hearing the stories of their constituents — that’s your power.

Our legislators serve at the pleasure of the people who gave them their job — you.

Make sure your elected officials know whose community and whose values they represent. When you contact your elected official, you’re putting a face and a name on an issue.

Whether or not you voted for them, they work for you, for the duration of their term.

Make sure your elected officials know whose community and whose values they represent. (Find your local, state, and federal elected officials.)

Your action is with us in court.

If a federal agency finalizes a harmful action, the record of public comments provides a basis for bringing them into court. Read more.

Throughout each of the public comment periods we alert you to, Earthjustice’s attorneys are researching and writing in-depth, technical comments to submit — detailing how the regulation could and should be stronger to protect the environment, our communities, and our planet.

We need you to join us — your specific experiences, knowledge, and voice are crucial to add to the Administrative Record through the comment periods.

Lawsuits we file that challenge weak or harmful federal regulations rely on what was submitted during the comment period. The court can only look at documents that are in the Administrative Record — including the public comments — to decide if the agency did something improper.

Your actions aid our litigation. Taking action and submitting comments during a comment period is substantively important.

It’s the law.

Federal agencies must pause what they’re doing and ask for — and consider — your comment. Read more.

Many of us may have never heard of the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA), but laws like these require our government to ask the public to weigh in before agencies adopt or change regulations.

Regulations essentially describe how federal agencies will carry out laws — including decisions that could undermine science, or weaken safeguards on public health.

Public comments are collected at various points throughout the federal government’s rulemaking process, including when a regulation is proposed and finalized. (Learn about the rulemaking process.) These comments become part of the official, legal public record — the “Administrative Record.”

When the public responds with a huge outpouring of support for environmental protections, these individual messages collectively undercut politicians' attempts to claim otherwise.

What this means is each of us can take a role in shaping the rules our government creates — and ensuring those rules are fair and effective.