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Energy Risk & Markets

Allowance trading needs oversight, but don’t overdo it.

Fortnightly Magazine - July 2008

2, Oct. 31, 2007, (the “ CRS Report ”).

5. CRS Report , at 21.

6. 16 U.S.C. § 824.

7. CEA Section 9(a)(2), 7 USC § 13(a)(2).

8. See CFTC v. Amaranth Advisors LLC, Case No. 07 Civ. 6882 (S.D.N.Y.).

9. Letter to CFTC Acting Chairman Walter Lukken from Senators Dianne Feinstein (D-Calif.), Maria Cantwell (D-Wash.), and Ron Wyden (D-Ore.), dated Sept. 21, 2007: “We believe that a jurisdictional battle between the CFTC and FERC will weaken both Commissions, and could significantly constrain our government’s ability to pursue future market manipulation cases under the authority and penalty regime Congress created just two years ago.”

10. See CEA Section 4a(a), 7 USC § 6a(a); CFTC Regulation 1.3(z), 17 CFR § 1.3(z).