Federal Regulatory

Federal regulatory matters come before FERC, the EPA and other federal agencies.  Our lawyers have experience briefing complex economic and technological issues and thinking creatively to propose innovative policy solutions for clients.  Representative matters include the recent redesign of the PJM and New England markets to reward capacity resources for performance and penalize them for non-performance; petitions for rulemaking concerning the Renewable Fuel Standard and crude oil export ban; and extensive comments on EPA’s Clean Power Plan.  In such matters, the firm frequently draws upon the experience of its Government Controversies and Public Policy Litigation Practice, which is led by the former associate attorney general of the United States.

Representative matters include:

  • Advising a consortium of Midwest energy companies, consultants, government agencies and public interest groups promoting energy efficiency in a variety of forums.
  • Representing a public utility regarding the consequences of US EPA’s enforcement initiative against that industry on potential mergers and acquisitions of coal-fired power plants from other utilities.
  • Represented Exelon before the FERC in connection with proposed capacity market reforms in the PJM region.
  • Analyzing legislative and regulatory incentives and hurdles affecting the development of alternative fuels, such as hydrogen.
  • Represented a petroleum refinery on the obligations and procedures for meeting the federal mandates for reformulated gasoline; managing interstate pipeline concerns; and negotiating startup, shutdown, and site-wide, risk-based clean-up of former Texaco oil refinery.
  • Representing a refinery in connection with EPA regulations governing the Renewable Fuel Standard.