Energy and Energy Transition
Arnold & Porter's global Energy practice represents the full spectrum of energy participants and industry leaders at the forefront of innovation, guiding our clients in their transition to more diverse forms of energy and in their investment in the technologies of the future. Our clients are engaged in all facets of the energy sector, including oil and gas, electricity, renewables, and developments in hydrogen and carbon capture, utilization, and storage technologies (CCUS).
With offices located in key energy hubs throughout the United States and abroad, our multidisciplinary team, many of whom are former senior government officials, assists clients with navigating complex market forces and geopolitical issues. As the industry evolves, our experience with the product life cycle—from exploration and production, transportation, generation, and transmission to consumption and renewal to technological innovations—grows as well, allowing us to advise our clients on complex regulatory issues, high-profile transactions, and high-stakes litigation.
Regulatory Excellence: Bringing decades of knowledge, we advise on regulatory approvals and compliance; avoid and resolve enforcement issues; advocate for development of market rules and ratemaking structures; represent clients before the EPA, FERC, CFTC, DOJ, FTC, and other agencies; and are at the forefront in advising clients on how to develop and implement CCUS projects across the country.
Seasoned Litigators: We successfully resolve high-stakes matters involving alleged market manipulation and fraud; commercial and trade-secret disputes; toxic tort class actions; shareholder, antitrust, partnership/joint venture, and breach of contract disputes; natural gas conveyances and oil and gas royalty valuation issues.
Cutting-Edge Transactions: We represent corporations, private equity and investment firms, and other energy sector participants in mergers, acquisitions, divestitures, and joint ventures; corporate and project finance; public and private debt and equity offerings; the structuring and formation of energy investment funds and vehicles; deploying investment capital; the growth of portfolio companies; and harvesting of mature investments.
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Experience Highlights
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BP as primary environmental counsel since 2010 for matters related to the Deepwater Horizon oil spill. We have been core members of BP's virtual legal team; acted as lead counsel to the incident investigation team; managed the economic claims process; defended against citizen action lawsuits; led its Natural Resource Damages (NRD) defense; participated as trial counsel in the Clean Water Act penalty phase; participated in the defense of federal government and foreign state actions; and acted as lead counsel on claims related to federal debarment.
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Enphase Energy in multiple offerings of convertible senior notes for aggregate proceeds of approximately $400 million.
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Karkey Karadeniz Elektrik Uretim AS, the leading Turkish energy company, in an investment arbitration filed at ICSID against Pakistan pursuant to a bilateral investment treaty. The tribunal ruled in our client's favor on the merits, with the third-largest award of damages in ICSID history and sixth-largest investment arbitration of all time (excluding awards that were later annulled), at the time of issuance.
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PJM Power Providers Group (P3), whose members include Exelon, PSEG Energy Resources & Trade, Calpine Corporation, NRG, PPL Corporation, and NextEra Energy Resources LLC, as well as the PPL companies individually, in the US Supreme Court's review of FERC Order No. 745 relating to demand response.
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BP in 22 novel climate change lawsuits filed by state and local governments in California, Delaware, the District of Columbia, Hawaii, Maryland, New Jersey, New York, Rhode Island, South Carolina, and Washington, and by a fishermen's trade association. Plaintiffs allege that greenhouse gas-driven sea level rise is currently damaging and threatening to damage their coastal communities and civil infrastructures.
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Resolute Energy Corporation, an independent oil and gas company, in its $1.6 billion merger with Cimarex Energy Co., and in numerous capital markets transactions.
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The AES Corporation in its strategic investment in Simple Energy, the leading provider of utility-branded marketplaces and customer engagement software, and (as the majority stockholder in Simple Energy) in the merger of Simple Energy into Tendril Networks.
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Major midstream gas company as lead trial counsel in arbitration arising from contracts governing processing plant and pipeline operations; prevailed on all claims.
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Electric utility in providing legal advice regarding permit modifications for wastewater and cooling water intake structures for multiple electric generating stations.
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Growth Energy, a biofuels trade association, in providing regulatory and litigation assistance in connection with efforts to relieve regulatory restrictions on marketing of blends of gasoline and 15 percent ethanol (E15), and in connection with EPA rulemaking proceedings concerning the Renewable Fuels Standard.
