Matthew E. Price focuses on constitutional and regulatory litigation for clients in an array of industries, with a particular emphasis on energy. Named as a Law360 Energy MVP in 2018, recent matters have involved challenges to federal agency action under the Administrative Procedure Act; preemption and dormant commerce clause issues arising from state regulatory initiatives; and First Amendment rights. He has argued numerous appeals and dispositive motions. In landmark cases in the Second Circuit and Seventh Circuit, he successfully defended state programs to compensate nuclear power plants for generating electricity without emitting carbon dioxide.
In addition to litigating matters in court, Mr. Price also advises clients on how to advance their strategic goals within existing regulatory and legal frameworks, and helps clients advocate for changes to those frameworks. Mr. Price frequently works with clients on matters pending before federal and state regulatory agencies to obtain a favorable regulatory outcome and to build an administrative record in anticipation of likely litigation. Mr. Price has drafted comments for clients in connection with rulemakings or other matters before federal agencies including FERC, EPA, FCC, Department of the Interior, and Department of Commerce, as well as several state public utility commissions. In particular, he has submitted extensive comments before FERC on matters of energy market design and energy policy.
Mr. Price is a member of the firm’s Litigation Department and a member of the firm’s Energy Practice, Appellate and Supreme Court Practice, and Government Controversies and Public Policy Litigation Practice. Prior to joining Jenner & Block, Mr. Price clerked for Justice Stephen Breyer of the United States Supreme Court and for Judge Michael Boudin of the United States Court of Appeals for the First Circuit. He also served as a Bristow Fellow in the Office of the Solicitor General at the US Department of Justice.
Mr. Price has an active pro bono practice in the area of refugee and immigration law, and he has represented victims of human trafficking in civil litigation against their traffickers. He is the author of Rethinking Asylum: History, Purpose, and Limits, published by Cambridge University Press in 2009.