Energy

Arnold & Porter's energy practice serves clients in the upstream, midstream, downstream, and fast-evolving renewable segments of the industry. Our multidisciplinary team brings extensive energy industry experience to meet our clients' diverse needs, spanning antitrust and M&A; financing and capital markets; regulatory, compliance and enforcement; litigation and beyond. As the industry evolves, our knowledge of the product life cycle—from exploration and production, transportation, generation, and transmission to consumption and renewal—provides clients with the strategic guidance needed for navigating challenges and opportunities.

See how our deep regulatory experience, strategic litigation counsel and work on cutting-edge transactions can best help you.

Deep Regulatory Experience: Combining legal acumen and experience as former senior government officials with an integrated problem-solving approach, we represent key market participants before the EPA, the FERC, the CFTC, DOJ, the FTC and other agencies. We advise on regulatory approvals and compliance, help to avoid and resolve enforcement issues, and advocate for the development of market rules and ratemaking structures advantageous to clients' businesses.

Strategic Litigation Counsel: Our seasoned litigators successfully resolve some of the most potentially contentious and costly matters, including defending against penalties imposed for alleged market manipulation and fraud; prosecuting and defending bet-the-company commercial and trade-secret disputes; addressing controversies arising out of electricity price spikes; handling shareholder, antitrust, partnership/joint venture, and breach of contract disputes; and resolving disputes stemming from electricity and natural gas conveyances and oil and gas royalty valuation issues.

Cutting-Edge Transactions: We represent public and private energy companies and debt and equity investors and stakeholders in the financing, acquisition and divestiture of oil and gas assets, oilfield services, midstream infrastructure, electricity generation facilities and related businesses. We also counsel both large and emerging companies in renewable energy projects and carbon mitigation opportunities.

Experience Highlights

  • 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.
  • BP in 20 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.
  • Enphase Energy in multiple offerings of convertible senior notes for aggregate proceeds of approximately $400 million.
  • Leading engineering, procurement and construction company in international trade secret and competition litigation spanning three continents. Case settled favorably on the eve of trial.
  • 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.
  • 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.
  • 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.
  • Royalty owners in successfully settling before trial a breach of contract litigation against international exploration and production company over offshore mineral rights in Equatorial Guinea.
  • 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.
  • Vistra Energy, Tilton Energy and Rockland Capital in FERC hearing proceedings in response to our clients' complaints filed at FERC against the Midcontinent Independent System Operator (MISO) alleging mishandling of pseudo-ties between MISO and the neighboring PJM region. Matter settled favorably.
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