Our clients often are confronted with seemingly intractable obstacles and conflicts. We help them navigate these challenges and, when necessary, strongly defend or pursue their interests in litigation to reach favorable outcomes.
Our environmental team is highly skilled and experienced at defending or pursuing litigation involving virtually every major federal and state environmental law and regulation. We are well-versed and prepared to respond to challenges that arise under the Environmental Protection Agency’s (EPA’s) and state Superfund programs and related litigation, including Natural Resource Damages (NRD) claims. We work on diverse matters involving major U.S. and state environmental programs, including advising on proposed legislative and regulatory initiatives.
Even companies with strong environmental compliance track records, especially those with legacy operations, can find themselves the focus of environmental cleanup actions and litigation. Many such companies rely on our environmental team for its broad experience defending enforcement actions or pursuing other responsible parties, including handling multiparty Superfund litigation, NRD claims, cost recovery cases, transaction-or contract-related environmental claims, responses to governmental enforcement proceedings, and insurance coverage litigation for policyholders. In coverage disputes, our insurance coverage lawyers have helped recover hundreds of millions of dollars for clients’ environmental losses. We serve as mediators in various environmental disputes and frequently represent clients in arbitrations, mediations, or other alternative dispute resolution proceedings, including allocation proceedings among multiple potentially responsible parties.
Providing clients with access to affordable, reliable energy supply is at the forefront of our energy practice. Securing this objective may require litigation that often pushes against the interests of deeper-pocketed opponents. Our lawyers are known for their strategic and cost-effective representation at all levels of federal and state administrative litigation, rulemakings, and appeals involving matters affecting the electric and natural gas industries at both wholesale and retail levels.
Our federal administrative litigation and our rulemaking experience covers matters ranging from rates, terms, and conditions of power sales and transmission service to pipeline construction projects to reliability standards. Our lawyers have represented clients—from electric cooperatives and municipal gas or electric utilities, to state regulators, to large energy consumers—in virtually every major Federal Energy Regulatory Commission (FERC) policy determination over the past 30 years, including those concerning industry restructuring, rate design, regional energy market design, market-based rates, merger policy, open access transmission, and wholesale market rules.
At the state level, we have appeared for clients before state commissions, agencies, and courts on such matters as mergers and acquisitions, smart grid deployment, dynamic energy pricing, and retail rates, terms, and conditions of service.
We have represented clients’ interests before credit rating agencies, municipal councils, and regional transmission organizations.