On May 11, the Solicitor General filed a brief on behalf of FERC in opposition to TOTAL Gas & Power North America’s (TOTAL) petition for a writ of certiorari in the Supreme Court. FERC argues that the court of appeals correctly held that TOTAL’s claims are not ripe. In addition, FERC claims that TOTAL errs when it contends that the court of appeals’ decision conflicts with decisions of other courts of appeals. In any event, FERC argues that this case would be an unsuitable vehicle for resolving the question presented (i.e., whether the court of appeals correctly held that TOTAL’s challenge to a FERC order that has not yet issued, and may never issue, is not ripe for judicial review). Finally, FERC asserts that there is no need to hold the petition until the Supreme Court resolves Lucia v. SEC, No. 17-130 (argued April 23, 2018), regarding the Appointments Clause.