Steptoe combines its deep knowledge of the energy industry with its extensive litigation capabilities to represent leading energy companies in all forms of complex federal and state energy litigation nationwide. Our lawyers serve a diverse group of energy clients operating across the industry’s many subsectors, including utilities, generators, distributors, equipment manufacturers, pipelines, and related businesses. Our results confirm successful outcomes require lawyers with a deep understanding of the industry.
Steptoe is well versed in the unique issues and matters our energy clients face including:
- Preemption and constitutional challenges
- Antitrust matters
- Intersection of federal and state regulatory schemes
- Operation of wholesale energy markets and regional transmission organizations
- Power outages and business interruption claims
- Power purchase agreement disputes
- Indian law matters
- Renewable energy and qualifying facility disputes
- Business torts and consumer class actions
- Investor-state disputes and judgment enforcement
We collaborate with clients to design creative and effective solutions to meet business and regulatory goals. We also help them anticipate, pinpoint, and address emerging issues, trends, and opportunities. To improve outcomes, we communicate frequently on the important decisions that shape the trajectory and cost of litigation.
Our successful results often are achieved prior to trial through strategic motion practice and targeted discovery. But when necessary, our trial lawyers are ready, willing, and able to take a case to trial. Law360 has recognized several of our first-chair trial lawyers as "Trial Aces." Chambers and other leading legal publications have praised our trial lawyers as aggressive and effective advocates. And The Legal 500 US describes Steptoe’s energy practice as "market leaders" who are "responsive and highly respected."
Noteworthy
- Chambers USA, Band 1: Energy: Electricity, Regulatory & Litigation, Nationwide (2008-2023)
- Chambers USA, Band 1: Energy: Oil & Gas, Regulatory & Litigation, Nationwide (2008-2023)
- Chambers Global, Energy: Electricity, Regulatory and Litigation, US (2009-2023)
- Chambers Global, Energy: Oil & Gas, Regulatory and Litigation, US (2009-2023)
- Legal 500 US, Energy: Oil & Gas Litigation Nationwide (2017-2023)
- Legal 500 US, Energy: Electric Power Litigation Nationwide (2017-2023)
Representative Matters
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Won summary judgment in favor of pipeline company against claims alleging that in-line blending of butane into gasoline degraded product quality in violation of the Carmack Amendment. Court entered a declaratory judgment in favor of the pipeline holding that its blending practices were permitted by its federally-approved tariff and dismissed all of plaintiff’s claims based on the filed rate doctrine.
- Defense of a leading agricultural business in a federal court action alleging wrongful assertion of rights in a Presidential Permit that allows the operation and maintenance of a pipeline at the Canadian-US border for the purpose of transporting crude oil between the United States and Canada.
- Defense of a large energy provider in New England in a federal antitrust class action lawsuit claiming alleged manipulation of the natural gas transportation, wholesale gas, and wholesale electricity markets in violation of federal and state law.
- Representation of a major southeast electric utility in connection with a power outage at the world’s busiest airport during the holiday season and claims of business interruption losses.
- Successful representation of one of the largest independent electric energy generators in a groundbreaking Supreme Court case challenging a state price subsidy scheme on federal constitutional and preemption grounds. The Supreme Court affirmed the Fourth Circuit's decision in the case, holding the Federal Power Act preempted the state scheme.
- Successful defense of a major southern electric producer and retail distributor in multiple lawsuits filed by qualifying facilities claiming violations of the Public Utility Regulatory Policies Act (PURPA), breaches of related contracts, and business torts. The US Court of Appeals for the Fifth Circuit affirmed a primary jurisdiction stay we had obtained to permit the Federal Energy Regulatory Commission to rule in a related challenge to the Midcontinent Independent System Operator’s tariff as it applies to qualifying facilities.
- Successful defense of a major west coast electric company in a federal court jury trial where a refinery sought business interruption losses arising from a power outage. We defeated the refinery’s breach of contract claim and won a comparative fault verdict based on the refinery’s negligent construction and maintenance of its electrical systems and interconnection with our client’s grid.
- Conversion of a multi-million dollar award from the ICSID on behalf of a major oil company into a judgment against a foreign country in a proceeding in the Southern District of New York.
News & Publications
Publications
Wisconsin Court Reaffirms Liability Limitation’s Preemptive Force
Bloomberg Law
December 7, 2023
Press Releases
US District Court Rules in Favor of Steptoe Client Korea Electric Power Corp.
September 18, 2023
Press Releases
July 6, 2023
Press Releases
Steptoe Receives 28 Practice Rankings, 34 Individual Awards in Legal 500 US 2023
June 14, 2023
Press Releases
Steptoe Receives 25 Practice, 72 Individual Mentions in Chambers USA 2023
June 1, 2023
Press Releases
Steptoe Receives 16 Practice, 40 Individual Mentions in Chambers Global 2023
February 21, 2023
Press Releases
Steptoe Receives 27 Practice Rankings, 26 Individual Awards in Legal 500 US 2022
June 16, 2022
Client Alerts
Fifth Circuit Says Nay to SEC ALJs: Implications for FERC
June 8, 2022
By: Daniel A. Mullen