Firms To Watch: Energy regulation: oil and gas

The team at Wright & Talisman is exclusively dedicated to issues related to the energy sector; it has extensive expertise in legal challenges surrounding the generation and transmission of electric energy, as well as regulatory issues faced by natural gas and oil pipelines and electric utilities. President of the firm and ley practice-contact, Wendy Reed frequently represents clients before FERC.

Energy regulation: oil and gas in United States

Bracewell LLP

Bracewell LLP represents oil and gas pipeline and storage companies in contested proceedings at FERC and has ‘rare’ and ‘true regulatory experience in liquids Beyond FERC, the team represents clients in federal and appellate courts as well as in dual-track civil litigation and government investigations, with the June-2021 arrival of Anne M. Termine from Covington & Burling LLP strengthening the group’s offering in this area. Managing partner of the Washington DC office, Mark Lewis focuses on midstream commercial and regulatory matters, advising on the development of significant projects and day-to-day operations. Michael Brooks‘ practice, in turn, centres on CFTC work. The team has seen continued growth, most recently the July-2021 hire of former FERC attorney Rachael Marsh. All lawyers are based in Washington DC.

Practice head(s):

Mark Lewis

Other key lawyers:

Kirk Morgan; David Perlman; Michael Brooks; George Fatula; Rachael Marsh; Anne M. Termine

Testimonials

This team has true regulatory experience in liquids, which I find is rare. They are business-oriented and practical. They are good problem solvers.

Key clients

TC Energy Corporation

Kinder Morgan

Phillips 66

Enterprise Pipeline Partners

Targa Resources Partners

DT Midstream

Enbridge

Pembina Pipeline Corporation

Tallgrass Energy

Summit Midstream

Work highlights

  • Represented Rockies Express Pipeline in contested proceedings at the Federal Energy Regulatory Commission involving the complex jurisdictional relationship between bankruptcy courts and the  FERC.
  • Advised Phillips Pipeline in developing and implementing a response strategy, coordinated data collection and filed a response to a complaint alleging that the company’s pro-rationing policy was unduly discriminatory and that it had colluded with P66 to prevent NGL from procuring propane during the winter months.
  • Acted as project counsel t0 Enbridge and DTE joint venture, Nexus, in defensive efforts against ongoing landowner challenges to the pipeline, as well as providing ongoing commercial and regulatory advice on operations and potential customer agreements.

Steptoe & Johnson LLP

Best known for representing oil pipeline companies, Steptoe & Johnson LLP advises on the full spectrum of regulatory matters at the FERC, and before state regulatory entities and appellate courts. The practice also continues to expand its representation of natural gas pipeline companies, an effort led by Monique Watson, and has seen an increase in instructions on major cost-of-service rate cases. The team is well-equipped to advise on the specialized area of Presidential Permits for cross-border pipelines and for new pipeline projects, with Joshua Runyan specializing in this area. Clients praise the group, led by Steven Reed and Daniel Poynor, for its ‘outstanding knowledge of industry and regulatory issues’. Steven Brose is also noted. All lawyers are based in Washington, DC.

Practice head(s):

Steven Reed; Daniel Poynor

Other key lawyers:

Daniel Mullen; Dane Jaques; Laura Swett; Steven Brose; David Coburn; Monique Watson; Joshua Runyan

Testimonials

Outstanding knowledge of industry and regulatory issues. Excellent pleadings and briefs. Deep team that covers the whole range of issues.’

Wonderful team to work with. Covers all aspects of issues and give pragmatic advice. Very experienced group with exceptional understanding of issues.’

The team is very collaborative, amongst themselves and also with us. They have been very willing to accommodate new technologies and billing procedures.’

They are very responsive to our cost considerations and requirements and are happy to staff projects to meet our needs in that regard.’

Steve Reed is brilliant, humble, approachable, innovative, collaborative and extremely responsive.’

Daniel Poynor is exceedingly responsive and knowledgeable. He is extremely collaborative and dedicated to thinking of innovative solutions and strategies to promote the company’s position.’

Key clients

Association of Oil Pipe Lines

Colonial Pipeline Company

Enbridge

ConocoPhillips Alaska

Northern Natural Gas Company

Eddystone Rail Company

Sunoco Pipeline

Kinder Morgan

Tallgrass Energy

ExxonMobil

Work highlights

  • Representing Colonial in a series of complaints filed with the FERC challenging all of Colonial’s rates, including both its market-based rates and cost-based rates.
  • Represented Northern Natural Gas Company in successfully defending against a complaint filed by Hartree Partners alleging that Northern was unlawfully seeking to recover reservation charges during the extreme cold weather event in Texas in February 2021.
  • Representing Enbridge in a cost-of-service rate case with respect to the base (i.e., non-facilities surcharge) portion of its system.

Van Ness Feldman LLP

Van Ness Feldman LLP assists clients at every stage of the oil and natural gas infrastructure development process, including project structuring, permitting, operation and regulatory compliance. The group has experience handling enforcement and permitting proceedings before the DOE and FERC, as well as pipeline safety compliance at PHMSA. In relation to FERC, Michael Pincus and Brian O’Neill advise clients on all aspects of the siting and operation of interstate natural gas pipelines and LNG terminals. Phil Mone specializes in rate litigation; and Mona Tandon has a broader practice, handling contract negotiations and tariffs as well as assisting residential and commercial appliance manufacturers in navigating federal and state energy-efficiency regulations. Paul Korman and Susan Olenchuk are also recommended. Pincus, Mone and Tandon jointly lead the practice. All lawyers are based in Washington, DC.

Practice head(s):

Michael Pincus; Phil Mone; Mona Tandon

Other key lawyers:

Susan Olenchuk; Lawrence Acker; Paul Korman; Brian O’Neill

Testimonials

The energy regulatory team at Van Ness does work for a number of interstate pipeline clients and so, has accumulated a great deal of experience that they use to each client’s advantage.’

Their work is excellent and they have good relationships within the agencies.’

The partner I worked with most in the past year was Michael Pincus. I also worked with Paul Korman, Kyle Danish and Susan Olenchuk. All of these attorneys are outstanding, knowledgeable and responsive.’

Michael Pincus is my “go-to” attorney for most matters regarding Federal Energy Regulatory Commission issues. He has a broad range of knowledge and experience. His judgment is great and FERC staff both likes and respect him.’

I call Paul Korman for extremely difficult and/or strategic issues and his advice is always spot on.’

Susan Olenchuk is my “go-to” person for PHMSA issues, where she always gives clear and helpful guidance.’

Key clients

Interstate Natural Gas Association of America

Kinder Morgan / Tennessee Gas Pipeline Company

Kohlberg Kravis Roberts

Spire STL Pipeline

Summit Midstream Partners

Global Clean Energy Holdings

American Gas Association

Cove Point LNG

Carolina Gas Transmission

Medallion Gathering & Processing

Vinson & Elkins LLP

Vinson & Elkins LLP's energy regulatory practice is well known for representing companies in the natural gas and LNG sectors. The group’s ‘excellent attorneys’ advise on major infrastructure projects, handling the gamut of regulatory and related appellate work, as well as high-profile pipeline rate cases filed at FERC. Other areas of expertise include presidential permit applications, tariffs, abandonment, gas quality proceedings and audits. Based in Houston, practice co-head Jay Seegers represents clients in administrative litigation, with a particular focus on economic regulation while in Washington DC, fellow practice head Anita Wilson handles proceedings before all state and federal agencies. Clients praise the practice for being ‘best in their class', with Houston-based duo Damien Lyster and Suzanne Clevenger, and Washington DC-based Andrew Beach and John Decker all additional names to note.

Practice head(s):

Jay Seegers; Anita Wilson

Other key lawyers:

Damien Lyster; John Decker; Christopher Terhune; Andrew Beach; Suzanne Clevenger

Testimonials

The V&E Energy Regulatory team has a deep bench, who is very knowledgeable of the industry and is very prompt in responding to client inquiries–they are best in their class.’

V&E consistently has excellent attorneys in this area and in all other areas.’

V&E has been responsive and dedicated to the client’s concerns.’

The firm’s energy regulation practice is rightly renowned both on a Texas state level and a federal level. In both of those fields, V&E has consistently provided me with thorough, solutions-focused support, from soup to nuts, in the development, construction and operation of multiple large infrastructure projects.’

In addition to the energy regulatory practice itself, the firm benefits from having a top-class energy transactional and projects-oriented group.’

I work a lot with Jay Seegers, Suzanne Clevenger and Andy Beach. They are all very knowledgeable and experienced lawyers in this area and are very prompt in responding to my questions.’

Damien Lyster is extremely quick to understand the commercial drivers for transactions and projects, with the skill to home in on the salient regulatory issues, and a strong ability to right-size the response to any issue or question so that the client receives exactly the level of detail they need.’

Key clients

New Fortress Energy

Enable Midstream Partners / Enable Gulf Run Pipeline

Linn Operating / Linn Energy

Marathon Oil Corporation

Jordan Cove Energy Project

Antero Resources

TC PipeLines

Plains All-American Pipeline

Spire Storage West

Sabal Trail Transmission

Enbridge/Valley Crossing Pipeline

PennEast Pipeline Company

Energy Transfer Partners

Adelphia Gateway

Enbridge/Texas Eastern Transmission

Enbridge/Algonquin Gas Transmission

Enbridge/ East Tennessee Natural Gas

Enbridge/Mississippi Canyon Gas Pipeline

Maritimes & Northeast Pipeline

Gulfstream Natural Gas System

Alliance Pipeline

Riverstone Energy

Enbridge / Rio Bravo Pipeline Company

Jefferson Gulf Coast Energy Partners

Leaf River Energy Center

Work highlights

  • Assisting New Fortress Energy with all aspects of the development of an LNG export project that will liquefy natural gas in Wyalusing, PA, transport it by truck or rail to a port in New Jersey and load the LNG onto tankers for export.
  • Assisting New Fortress Energy with all aspects of the development of multiple small-scale LNG import and power generation projects in Jamaica, including a floating regasification and storage unit, a new gas-fired power plant, conversion of a diesel power plant to natural gas, and onshore natural gas infrastructure.
  • Advising New Fortress Energy on all aspects of the development of several energy infrastructure projects in Puerto Rico, including obtaining authorization to operate the plant from FERC, the construction of a micro fuel handling facility in the port of San Juan, the conversion of a diesel-fired power plant to natural gas, and facilities to truck LNG to industrial users and microgrids.

Baker Botts L.L.P.

Baker Botts L.L.P. advises on the full spectrum of energy regulatory issues, from the rates and terms of service for transportation and storage through to the permitting of regulated facilities, as well as handling an array of commercial agreements. The group has been highly active in winter storm Uri matters, with Michael Yuffee representing high-profile clients in this area. Emil Barth is ‘fantastic' and represents a diverse range of energy clients in regulatory issues, including in FERC proceedings. Houston-based James Barkley jointly leads the practice with Jay Ryan in Washington DC where all named lawyers are based unless stated otherwise.

Practice head(s):

James Barkley; Jay Ryan

Other key lawyers:

Thomas Eastment; Emil Barth; Michael Yuffee

Testimonials

Emil Barth is fantastic to work with. Knows his stuff, articulates well in conversations with FERC staff, judges, pipeline folks.’

Key clients

CenterPoint Energy Resources Corporation

Macquarie Energy

Repsol Energy North America Corporation

MDC Texas Energy

Oneok Incorporated

Work highlights

  • Representing Repsol Energy North America Corporation before the Federal Energy Regulatory Commission in regulatory matters concerning its natural gas marketing business and its Canaport LNG terminal.
  • Representing CenterPoint in obtaining Natural Gas Act-required approvals from FERC for the $2.15bn sale of its Arkansas and Oklahoma natural gas distribution businesses to Summit Utilities.
  • Representing Oneok, as the owner and operator of crude petroleum and natural gas liquids pipelines in Texas, on a variety of Texas regulatory matters, including issues relating to winter storm Uri.

Latham & Watkins LLP

The oil and gas team at Latham & Watkins LLP is praised for its ‘consistent excellence’.  The group handles the full spectrum of commercial and regulatory issues, with experience handling controversy and policy matters before federal and state regulatory agencies. Its broad client base includes companies involved in LNG, the transportation and storage of natural gas, electric transmission and generation, among other areas. Eugene Elrod is the key contact, with over 40 years' experience representing oil and gas industry clients. Other names to note include Tyler Brown and Patrick Nevins, who handles major infrastructure projects, administrative litigation and transactions and financings. David Schwartz is chair of the energy regulatory and markets practice.

Practice head(s):

David Schwartz

Other key lawyers:

Eugene Elrod; Patrick Nevins; Tyler Brown

Testimonials

The oil and gas group at Latham Watkins, led by Eugene Elrod, were great to work with. They are indeed experts at what they do.

The attorneys at Latham & Watkins find reasonable and fair solutions to complex problems. They do not resort to needless litigation.

Consistent excellence.

Key clients

Hilcorp Alaska

ArcLight Capital

Venture Global LNG (and subsidiaries)

ExxonMobil Pipeline

Cove Point LNG

Cheniere Energy

Midship Pipeline

Dominion Energy

BHE GT&S

MUFG Bank

Blackstone

PTE Pipeline

Sendero Midstream

Atlantic Coast Pipeline

EQT Corporation

AltaGas / Washington Gas Light

Crescent Midstream

Vistra Energy

Symmetry Energy Solutions

National Fuel Gas Company

Blue Racer Midstream

Morgan, Lewis & Bockius LLP

The team at Morgan, Lewis & Bockius LLP is ‘beyond exceptionalIt is well known for handling issues in the FERC regulatory space and is also adept at advising on pipeline, CFTC and state utility issues. The group also frequently advises clients on evolving cybersecurity issues, including compliance issues relating to companies’ responses to the new security directive of the Department of Homeland Security’s Transportation Security Administration; associate Arjun Ramadevanahalli leads on such matters. ‘World-class attorneyKirstin Gibbs leads the practice and has experience handling unique regulatory challenges affecting LNG regasification and liquefaction terminals. For expertise in carbon trading and carbon pricing, Levi McAllister is the key name. Stephen Spina chairs the firm-wide energy practice. All individuals are based in Washington, DC. Former practice head Kathryn Sutton retired in October 2021.

Practice head(s):

Kirstin Gibbs; Stephen Spina

Other key lawyers:

Pamela Wu; Levi McAllister; Arjun Ramadevanahalli

Testimonials

The attorneys at Morgan Lewis are beyond exceptional in advising on pipeline, FERC, CFTC and state utility regulatory issues.

Kirstin Gibbs is probably the smartest and hardest working pipeline attorney I have ever met. It’s impossible to list all of her positive attributes. Beyond being a world-class attorney, she is responsive, cost-conscious and a genuine pleasure to work with.

I’ve also been extremely impressed with Levi McAllister. He has been extremely helpful to our group on the matters he’s been involved with.

Very willing to offer creative billing solutions for all of our work.

Open, honest, decisive, hard-working, has the foresight to see the bigger picture when handling long term complex negotiations or regulatory matters.

Key clients

Equinor Natural Gas

Ares EIF

New Brunswick Energy Marketing Corporation

Nova Scotia Power

Spire Marketing / Spire Storage West

Summit Arkansas Gas / Summit Oklahoma Gas

Piedmont Natural Gas

Duke Energy Kentucky

Duke Energy Ohio

Diversified Gas and Oil

Shell Trading US

South Jersey Industries

Work highlights

  • Advising South Jersey Industries regarding an investment in and development of renewable natural gas projects across the Northeast United States that will allow their gas utilities to decarbonize the company’s footprint in New Jersey.
  • Representing Spire Storage West in the expansion of its existing natural gas storage facilities (Belle Butte) by filing for and obtaining FERC approval to construct and operate new facilities.
  • Represented Equinor in four separate NGA Section 4 rate case proceedings at FERC involving: (1) Dominion Energy Cove Point, an LNG import and export facility and an interstate natural gas pipeline; (2) Columbia Gas Transmission, an interstate natural gas pipeline; (3) Eastern Gas Transmission Storage, an interstate natural gas pipeline; and (4) Texas Eastern Transmission (TETCO), an interstate natural gas pipeline.

Greenberg Traurig LLP

Greenberg Traurig LLP's oil and gas regulatory team provide ‘excellent service’ to a range of clients, including pipelines, shippers and other parties affected by FERC regulation. The group has extensive experience handling issues related to rate making, certificates, market power and enforcement proceedings. LNG regulation is another key area of expertise. Based in Washington DC, Kenneth Minesinger co-chairs the group with William S. Garnerin Houston and Iskender Catto in New York. The team has a strong client base in Alaska, including the state of Alaska and Alaska Gasline Development Corporation as well as Petro Star. Washington DC-based Howard Nelson is also highlighted.

Practice head(s):

William Garner; Kenneth Minesinger; Iskender Catto

Other key lawyers:

Howard Nelson; Rabeha Kamaluddin

Testimonials

We received excellent service from Greenberg Traurig LLP. They provided good advice and were happy to work with us on highly technical details that had to be understood and presented in court documents.

Howard Nelson is an excellent attorney and has specialized expertise in FERC legal cases and oil and gas litigation. He is personable and professional and takes great care in producing accurate documents on time.

Key clients

Petro Star Incorporated

NGL Energy Partners

The State of Alaska and Alaska Gasline Development Corporation

Pilot Travel Centers

Gunvor

Sheetz Incorporated

Apex Oil Company

FutureFuels Chemical Company

Interstate Natural Gas Association of America

Crestwood Midstream Partners

Work highlights

  • Acting on behalf of various clients including NGL Energy Partners, Gunvor, Pilot, Sheetz, Apex Oil Company and FutureFuels Chemical Company in FERC Docket No. OR18-7, et al, in filing complaints at FERC against the largest refined petroleum products pipeline in the US (Colonial Pipeline).
  • Representing Petro Star in complex litigation at FERC regarding the Trans Alaska Pipeline (“TAPS”) and the implementation of the TAPS Quality Bank.
  • Representing the state of Alaska and Alaska Gasline Development Corporation in its efforts to induce the construction of a major LNG export project, the Alaska LNG Project.

King & Spalding LLP

King & Spalding LLP advises clients on the full spectrum of oil and gas regulatory matters. The group represents major industry players such as Chevron and ConocoPhilips in addition to other utilities, energy project developers and traders. In Washington DC, Tim Engel co-leads the practice with James Bowe, who is noted for his expertise in hydrogen-related matters and has extensive experience in the regulation of energy pipelines. Other areas of expertise include decommissioning projects, LNG facility safety matters, natural gas pipeline rate and certificate issues.

Practice head(s):

James Bowe; Tim Engel

Other key lawyers:

Marcella Burke

Testimonials

People and expertise in energy and associated regulation is above and beyond anyone else in the sector.’

James Bowe, absolute professional.’

Key clients

Arbor Renewable Gas

Arena Energy

CenTrio Energy

Chevron Corporation

Citadel Advisors

Competitive Power Ventures

ConocoPhillips

Crestwood Midstream Partners

Eagle LNG Partners Jacksonville

JP Morgan

Kestrel Acquisition

Mexico Pacific Limited

Mountaineer NGL Storage

Nova Chemicals

PAA Natural Gas Storage

Providence Energy Corporation

Puerto Rico Electric Power Authority

Spire Midstream

Starwood Energy Group Global

Third Coast Midstream

Trafigura

Work highlights

  • Representing Chevron in the decommissioning of offshore oil and gas production platforms and related assets under the relevant Department of the Interior, Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement regulations, as well as those of the State of California and local regulations.
  • Representing ConocoPhillips in an appeal of a US Department of the Interior order to decommission California offshore oil production platforms and numerous oil wells on a federal lease, in which the company is arguging that the subsequent owner of the lease (now bankrupt), is responsible for decommissioning, not ConocoPhillips.
  • Representing PREPA in various matters arising out of several LNG-to-power projects, including one involving the conversion of two generating units to be fueled by natural gas; and in related regulatory proceedings involving authorization for the siting of LNG receiving facilities serving power generation in Puerto Rico.

Orrick, Herrington & Sutcliffe LLP

The oil and gas regulatory team at Orrick, Herrington & Sutcliffe LLP regularly represents clients in complex permitting and regulatory proceedings before the DOE, FERC and PHMSA. Led by Lisa Tonery in New York, the team’s strong LNG practice is reflected by its client base that consists of leading LNG exporter in the US, Cheniere Energy and other major energy players. Senior associate Mariah Johnston provides strong support to the team in New York. The firm’s global head of Energy & Infrastructure, Dahl Thompson is based in Houston.

Practice head(s):

Dahl Thompson; Lisa Tonery

Other key lawyers:

Mariah Johnston

Testimonials

Lisa Tonery and Mariah Johnston are extremely capable, efficient and knowledgeable regulatory attorneys. Their insight into FERC staff and commissioners is very helpful and their relationships with FERC personnel are invaluable in order to obtain prompt feedback and information.

Key clients

Cheniere Energy

Midship Pipeline Company

Freeport LNG Development

Tellurian Incorporated

Chevron

Penn America Energy Holdings

EcoEléctrica

Braskem

Enstor Gas

Marathon Oil

Work highlights

  • Advised Freeport LNG and its affiliates in proceedings before the DOE, FERC and other agencies to obtain authorization to construct and operate the Freeport Liquefaction Project, the first liquefaction and export terminal authorized in the state of Texas.
  • Advising Driftwood LNG, a subsidiary of Tellurian Incorporated on the development of an LNG production and export terminal on the west bank of the Calcasieu River.
  • Advising Cheniere Energy in proceedings related to its authorization to construct and operate a long-haul pipeline in Oklahoma to serve Gulf Coast LNG terminals and Southwestern markets.

Reed Smith LLP

Reed Smith LLP has a strong reputation for representing clients before the CFTC, FERC and other state-level regulatory bodies. It advises on permitting and compliance issues, as well as ratemaking proceedings and related litigation matters. Washington DC-based duo Debra Ann Palmer and Collette Honorable are key contacts. Jonathan Marcus joined the group from Skadden, Arps, Slate, Meagher & Flom LLP in June 2021. Based in London, Prajakt Samant co-chairs the practice in conjunction with Stan Perry in Houston. 

Practice head(s):

Prajakt Samant; Stan Perry

Other key lawyers:

Debra Ann Palmer; Colette Honorable; Jonathan Marcus

Troutman Pepper

Troutman Pepper‘s full-service oil and gas practice houses dedicated experts in pipeline safety and FERC regulation. It represents a diverse client base consisting of interstate and intrastate natural gas and liquid product pipelines, industry trade groups, midstream service companies, terminals and LNG facilities. The team is skilled at handling issues arising under several agency regulations, including the US EPA. Amie Colby jointly leads the practice from Washington DC with Brandon Marzo, who is based in Atlanta. Washington DC-based Daniel Archuleta is another key figure.

Practice head(s):

Amie Colby; Brandon Marzo

Other key lawyers:

Daniel Archuleta

Key clients

Energy Transfer

Spire STL Pipeline

The Williams Companies

CHS

Iroquois Gas Transmission System

Dominion Energy (and all its local distribution subsidiaries)

Bluewater Gas Storage

SCG/Scana Group

Southern Company Gas (and all its local distribution subsidiaries)

TECO Energy

WEC Energy Group, Inc (and all its local distribution subsidiaries and electric utilities)

Washington Gas Light Company

Blank Rome LLP

Blank Rome LLP is best known for its expertise in regulatory compliance, enforcement defense, energy projects and energy trading matters. The group has extensive experience in obtaining regulatory approvals and performing due diligence in complex transactions, including securing FERC and DOE approvals for LNG terminals and other natural gas infrastructure. It is also well-equipped to handle enforcement matters before the CFTC and FTC. Practice head Mark Haskell maintains a strong reputation in the oil and gas regulatory arena. Brett Snyder, George Billinson and Lamiya Rahman are also recommended. All lawyers are based in Washington DC.

Practice head(s):

Mark Haskell

Other key lawyers:

Brett Snyder; George Billinson;  Lamiya Rahman

Key clients

BP Energy / BP America

Exelon Corporation & Annova LNG

Sempra Energy

Anadarko Petroleum Corporation

Southwest Gas Corporation

SWN Energy Services Company

Chevron USA

ConocoPhillips

Direct Energy

Business Marketing

Shell Energy North America (US)

ExxonMobil Gas & Power Marketing Company

Hess Corporation

Cheniere

Vistra Corporation

New Jersey Natural Gas Company

Work highlights

  • Acted as lead coundel to  Exelon Corporation and subsidiary Annova LNG before the DOE and FERC with regard to the proposed Annova LNG export terminal.
  • Represented Hess Corporation, a producer and shipper of natural gas, in a rate case filed by Alliance Pipeline in May 2020 that sought to increase Hess’s rate by more than 50 percent; the case was settled in July 2021.
  • Represented Sabine Pass Liquefaction, one of the largest shippers on the Transco system, in litigation involving Transcontinental Gas Pipeline Company’s historical cash-out imbalance recovery; the amount in controversy was in excess of $60m and a settlement reached in Fall 2021.

Eversheds Sutherland

Eversheds Sutherland handles the full range of regulatory and contentious issues, from multi-district proceedings and putative class actions to regulatory investigations. The group has extensive experience in traditional areas of regulation such as the CFTC, FERC and DOE but is also handling issues relating to EPA’s renewable fuel standard. Washington DC-based Paul Forshay leads the team and has a broad practice that includes LNG, compressed natural gas, electric power transmission, policy formation and agency rulemakings. Catherine Krupka has experience in energy commodities and derivatives trading, while Susan Lafferty focuses on energy and environmental issues.

Practice head(s):

Paul Forshay

Other key lawyers:

David McCullough; Jacob Dweck; Susan Lafferty; Catherine Krupka

Key clients

Calpine Energy Services

OPC

Reedy Creek Improvement District

USG

Work highlights

  • Representing Calpine Energy Services in a variety of matters, including the Transco natural gas rate case and related settlement negotiations; providing advice regarding the Columbia Gas Transmission natural gas rate case and related settlement discussions etc.
  • Advising OPC in a range of matters, including the recent Transco natural gas rate case and related settlement negotiations; on the Transco imbalance cash-out proceeding at FERC; and on Transco Working Group meetings and related settlement negotiations involving system modernization matters, among other.
  • Representing Reedy Creek Improvement District on ongoing work regarding a Florida Gas Transmission (FGT) rate case and related settlement negotiations before the FERC.

Gibson, Dunn & Crutcher LLP

The team at Gibson, Dunn & Crutcher LLP represents clients before the FERC as well as state and federal courts. It handles novel regulatory matters including acquisitions, rate proceedings, investigations, complaints and rulemakings. Major clients include Berkshire Hathaway Energy Company along with other independent power producers and transmission companies. Key names to note are William Hollaway, Jeffrey Jakubiak and Jason Fleischer; the latter has experience in federal investigations and enforcement matters. All named individuals are based in Washington DC. 

Other key lawyers:

William Hollaway, Jeffrey Jakubiak; Jason Fleischer; Janine Durand; Jennifer Mansh

Key clients

Energy Transfer and Rover Pipeline

Marathon Petroleum Corporation

SB Energy Global Holdings

Berkshire Hathaway Energy Company

BHE Renewables

Neptune Regional Transmission System

Hudson Transmission Partners

TC Energy

Wisconsin Power and Light Company

Versant Power (formerly: Emera Maine)

Westlands Water District

Bayou Bridge Pipeline (Energy Transfer)

IMG Energy Solutions

Tampa Electric Company

Dakota Access Pipeline (Energy Transfer)

Hunton Andrews Kurth LLP

Hunton Andrews Kurth LLP regularly represents clients before various state regulatory bodies such as the Railroad Commission of Texas. The group handles the gamut of issues before the FERC as well as defending clients’ positions before appellate, federal bankruptcy and state courts. It also handles oil pipeline regulation under the ICA. Environmental law expert Deidre Duncan jointly leads the group with Myles Reynolds who represents natural gas utilities and midstream companies.

Practice head(s):

Deidre Duncan; Myles Reynolds

Other key lawyers:

Shemin Proctor; Shannon Broome; Chuck Knauss; Eric Murdock

Key clients

Enbridge

Cook Inlet Natural Gas Storage Alaska

NWP 12 Litigation Group

Marathon Petroleum Corporation and Speedway

Energy Transfer

Rover Pipeline

ETC Tiger Pipeline

Trunkline Gas Company

Work highlights

  • Representing Marathon Petroleum Corporation in climate change litigation  brought by cities and counties in California, claiming that the client and other oil and gas companies are liable under state common law nuisance and product liability theories.
  • Representing Energy Transfer in several proceedings in which recent FERC orders announced either new initiatives or changes to policy.
  • Represented NWP 12 Litigation Group in a crucial victory in the US Supreme Court for a coalition of oil and gas industry groups; the Supreme Court’s decision stays a federal district court order that prevented the use of an important Clean Water Act (CWA) nationwide permit by oil and gas pipelines.

Jones Day

Jones Day represents a diverse client base, from oil and gas producers and midstream businesses to local distribution companies and end-users. The firm has strong FERC litigation capabilities, with clients praising the group for being ‘excellent in the prosecution and settlement’ of various pipeline matters, including rate and tariff litigation and defense against allegations of market manipulation. It also advises on FERC and CFTC compliance issues, handling investigations and enforcement matters; an area in which David Applebaum is an expert. Other key figures include practice head Jeffrey Schlegel and James Olson. All named individuals are based in Houston.

Practice head(s):

Jeffrey Schlegel

Other key lawyers:

David Applebaum; James Olson

Testimonials

The team is excellent in the prosecution and settlement of various complex Federal Energy Regulatory Commission (FERC) pipeline matters. The team has great leadership and collaboration skills.’

James Olson is often looked to by large customer groups to craft an appropriate settlement outcome because the broad group understands that he has the strong negotiating skills needed to get the job done and because he understands the nuts and bolts of the underlying analysis such that he can craft a beneficial outcome for his client and for a brand group.’

Key clients

Tampa Electric Company

Peoples Gas System

Tampa Electric Company

Peoples Gas System

K&L Gates

The team at K&L Gates has extensive experience in the regulation of natural gas pipeline transportation and storage, as well as LNG imports and exports. A key area of focus for the group cncerns the issues impacting the development of the hydrogen market, including siting, economic and safety regulations. David Wochner is the main contact in Washington DC, advising clients on federal regulatory and policy issues relating to energy infrastructure and commodities. London-based Clare Kempkens and Jamie Bryan in Fort Worth co-chair the practice. Sandro Safro moved in house in August 2021.

Practice head(s):

Jamie Bryan; Clare Kempkens

Other key lawyers:

David Wochner

Testimonials

The team has excellent knowledge and experience with FERC. They anticipate issues and continuously advise of trends and issues that we should be aware of.

David Wochner is an amazing attorney with great experience in regulatory energy law. He is always on point, aware of issues and extremely thorough in his analysis.

Key clients

NextDecade – Rio Grande LNG

Magnolia LNG

Texas LNG Brownsville

Andalusian Energy

Entergy Services

Commonwealth LNG

Next Carbon Solutions

Work highlights

  • Advising and representing NextDecade – Rio Grande LNG  on a wide range of regulatory matters related to its proposed LNG export project in south Texas, which -when constructed- will be the largest private infrastructure project in Texan history.
  • Advising Magnolia LNG on several regulatory and policy issues potentially impacting a proposed LNG export terminal in Louisiana.
  • Assisting Texas LNG Brownsville in relation to its FERC authorization to site, construct, and operate an LNG export facility.

Kirkland & Ellis LLP

Kirkland & Ellis LLP represents clients before federal and state regulatory agencies, including the CFTC and FERC on natural gas and oil pipeline matters. Areas of expertise include enforcement investigations, pipeline shipper contracts and interconnection, along with the development of hydrogen and carbon capture technology, among others. The group has also advised clients on several issues arising from winter storm Uri. Brooksany Barrowes and Robert Fleishman are the key contacts in Washington DC.

Other key lawyers:

Brooksany Barrowes; Robert Fleishman

Key clients

Gulfport Energy Corporation

The Rise Fund

Indigo Natural Resources

Hilcorp Energy

Investec Bank

LyondellBasell

Alta Resources Development

Archaea Energy Inc. (formerly: Rice Acquisition Corporation)

EQT Corporation

Ultra Petroleum Corporation

Basalt Infrastructure Partners

Energy Transfer Partners

Extraction Oil & Gas

Venable LLP

Venable LLP frequently acts as regulatory and litigation shipper counsel in crude oil, petroleum product and natural gas liquid pipeline cases before the FERC.  The group represents a host of shipper clientele, including refinery, marketers and end-users. Areas of expertise include ROE development, market manipulation and O&M cost allocation, among others. Based in Washington DC, practice head Richard Powers is known for representing trade associations and their members.

Practice head(s):

Richard Powers

Other key lawyers:

Steven Adducci; Matthew Field; Gregory Wagner

Key clients

Airlines for America

Aircraft Service International Group

American Airlines

BP Products North America

Delta Air Lines

HollyFrontier Refining & Marketing

Husky Marketing & Supply Company (a subsidiary of Cenovus Energy)

Metroplex Energy

Monroe Energy

National Propane Gas Association

Orlando Fuel Facilities

Phillips 66 Company

Southwest Airlines

Spark Energy

Trafigura Trading

TransMontaigne Partners

United Airlines

United Parcel Service

Valero Marketing and Supply Company

Valero Renewable Fuels

Work highlights

  • Representing a large coalition of pipeline shippers in a combined cost and market-based rate challenge brought against the nation’s largest petroleum product pipeline – Colonial Pipeline Company.
  • Representing Husky Marketing & Supply and Phillips 66 in a challenge to tariff filings by TransCanada Keystone Pipeline to increase its rates for committed service on its crude oil pipeline from the Canada-U.S. border to points in Nebraska, Illinois, Oklahoma, and Texas, and in a challenge to Keystone’s committed rates charged in prior years.
  • Representing a coalition of shippers involving refiners and end-users -such as airlines- before the California Public Utilities Commission protesting pipeline transportation and energy storage company SFPP’s submitted system-wide intrastate rate increase.