Contact

Glenn S. Benson

PHONE: 202.654.6255
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Sheree Strom Carson

PHONE: 425.635.1422
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Energy Litigation

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Overview

Perkins Coie's attorneys have extensive experience representing clients in energy-related litigation across the United States--in the federal and state courts, in contested regulatory proceedings before the Federal Energy Regulatory Commission (FERC) and state public utility commissions, and in various forms of alternative dispute resolution.

Our Energy Litigators handle a broad range of disputes arising out of the production, transportation, distribution, and sale of oil, natural gas, natural gas liquids, electric power, and coal. Examples of the cases we handle for our clients include:

Commercial Transactions

  • Disputes related to joint bidding, joint venture, alignment and joint operating agreements for energy production or transportation facilities

  • Energy company or project bankruptcy proceedings

  • Violations of non-compete and exclusive territory agreements
Environmental Compliance
  • Show cause orders from the FERC the SEC and the Nuclear Regulatory Commission

  • Litigation regarding disposal of spent nuclear fuel

  • Litigation with insurance carriers over energy related claims

  • Alleged violations by energy projects of Clean Air Act, Clean Water Act, and other environmental laws
Environmental Litigation
  • Wrongful death, personal injury, and property damage suits arising from energy projects

  •  Litigation challenging new energy related regulations promulgated by FERC, EPA, the Department of the Interior, and various other federal and state agencies

  • Judicial appeals of energy related administrative decisions and permits

  • Civil judicial and criminal enforcement of environmental laws, including the negotiation of consent decrees under EPA's National Petroleum Refining Initiative
Mining
  • Termination of mineral and mining leases

  • Breach of contract actions
Oil & Gas
  • Royalty disputes with the U.S. Department of the Interior, state governments, Native American Tribes, and royalty interest owners related to the production of oil, natural gas, and coal

  • Complex litigation arising out of oil and gas projects, commercial transactions and financings

  • Disputes arising out of natural gas, crude oil and petroleum product purchase and sales agreements, exchange agreements, and off-take agreements

  • Qui tam suits brought under the False Claims Act
Regulatory
  • FERC

  • Litigation before FERC and the PUC of Texas over regional electric power market rules and tariffs in every region of the county, including PJM, the Midwest ISO, the California ISO, ERCOT, the New York ISO, and ISO New England

  • Rate cases involving federal power marketing Agencies, interstate transmission and open access tariffs, interstate natural gas pipelines, crude oil and petroleum products pipelines, and jurisdictional electric and gas utilities

  • Certification of natural gas pipelines, natural gas storage facilities, and liquefied natural gas import terminals

  • Enforcement actions under the Federal Power Act, Natural Gas Act, and Natural Gas Policy Act

  • Complaint cases regarding utility rates, terms or conditions of service or alleged tariff or other violations

  • Market-based rate authorizations

  • Interconnection agreements for electric generation projects and natural gas pipelines and disputes arising out of natural gas transportation, storage, and balancing agreements

  • Applications for state utility commission approval of power purchase agreements

  • Privacy issues related to smart grid deployment

  • Intrastate Natural gas and electric distribution rates

  • Merger applications

  • Alleged breaches of dedication agreements
Project Development – Permitting
  • State energy facility siting and licensing proceedings, including coal, hydroelectric, wind, coal, natural gas, solar and fossil fuel project licensing and relicensing

  • QF certification and permitting of renewable energy projects

  • Sales and financing of utility owned facilities