The structure in which the FERC is funded is one of particular controversy, which was brought to court in 2016 by the Delaware Riverkeeper Network. The DRN alleged that the way in which the FERC was funded was inherently biased in favor of industry and violated the public's 5th amendment right. The FERC has an appropriated budget set by congress. The FERC raises revenue through the industry it regulates to reimburse and generate funding. The lawsuit legally sided with the FERC giving the following reasons: the FERC budget has remained consistently the same, the FERC is statutorily required to eliminate under and over recovery of money, and the opposition failed ot prove it's case.
