Flashcards Studio

An Energy Regulatory Authority (ERA) issues Administrative Regulation ERA-AR-2026-02, “Standards for Solar Farm Siting and Grid Interconnection.” The regulation imposes: (i) an environmental impact assessment threshold for solar farms above 25 MW; (ii) management of the interconnection queue; (iii) annual reporting of interconnection data; (iv) penalties for noncompliance; and (v) prohibition of siting solar farms within 2 kilometers of a protected wildlife sanctuary. Publication of ERA-AR-2026-02 appeared only on ERA’s website and via a press release, not in the Official Gazette or in a newspaper of general circulation. No public hearing or notice was given before adoption. The enabling statute authorizes ERA to “prescribe rules and regulations to ensure sustainable energy development” but is silent on publication and hearing requirements. A renewable-energy developer challenges the regulation on two grounds: (a) ultra vires for exceeding the statute; (b) invalid for lack of proper publication and due process. (a) Identify the requisites for validity of quasi-legislative rules. (b) Apply these requisites to ERA-AR-2026-02 and decide whether it is valid; explain which requisites are met or lacking and why. (c) If invalid, describe the remedy and whether severability may save any portions.