Levi McAllister advises clients on regulatory compliance and transactional matters in the natural gas, petroleum, and electric power sectors of the energy industry as clients strive to meet their sustainability goals. Levi’s practice focuses on regulatory provisions administered by the Federal Energy Regulatory Commission (FERC), the Commodity Futures Trading Commission (CFTC), and state public utility commissions that affect the energy industry.
Levi also advises clients on transactional matters concerning acquisitions, divestitures, mergers, and development of gas, petroleum, and electric generating infrastructure, with a particular focus on energy storage resources and distributed energy resources as clients consider how climate change impacts their business and necessitates the reduction of their carbon footprints.
In the natural gas and petroleum sectors, Levi handles administrative litigation before FERC for shippers affected by the rates, terms, and conditions of service applicable to transport on natural gas, crude oil, and liquids pipelines. He represents entities that trade, produce, deliver, or ship natural gas, crude oil, and liquids in matters concerning pipeline safety and storage and the related regulations administered by the Pipeline and Hazardous Materials Safety Administration. Levi also counsels clients negotiating transportation, storage, and commodity purchase and sale agreements in connection with domestic and international transactional matters concerning natural gas, crude oil, or liquids infrastructure.
In the electric power sector, Levi counsels clients on compliance with organized wholesale market rules, participation in FERC-regulated wholesale energy and capacity markets, market design issues, and the development, acquisition or divestiture of electric generating assets. Levi’s practice focuses on matters and issues concerning fossil-fired electric generating assets, renewable energy assets, energy storage resources, and distributed energy resources. He has assisted investor-owned utilities, independent power producers, and project developers in navigating wholesale market and regulatory issues. He has also advised investor-owned utilities, independent power producers, and project developers in drafting and negotiating power purchase and tolling agreements for the procurement of energy storage resources.
Levi’s practice in all sectors reflects significant experience advising clients subject to FERC and CFTC investigations relating to physical and derivative energy commodity trading. He advises clients on lawful gas, power, and petrochemical trading strategies, is well versed in the regulatory landscape surrounding carbon pricing and has experience developing and analyzing physical and derivative commodity trading strategies designed to respond to carbon pricing regulatory developments. Levi has advocated on behalf of clients in dozens of matters before FERC in non-public and litigated proceedings alleging fraudulent or manipulative trading activity in violation of the Federal Power Act and Natural Gas Act, and before the CFTC in non-public and litigated proceedings alleging fraudulent or manipulative futures and derivatives trading in violation of the Commodity Exchange Act. Levi draws on this experience to develop company compliance programs, pursue internal investigations, and develop energy compliance training programs.
Levi brings to his energy practice experience defending gas and power refund claims associated with regulatory changes, market dislocations, and allegations of market manipulation and handling matters related to federal regulation of oil and natural gas, electric energy and ancillary services, and interstate pipeline safety and infrastructure.
Prior to joining Morgan Lewis, Levi served as a legislative aide to US Senator Kay Bailey Hutchison. He worked on a variety of regulatory measures, including the Energy Policy Act of 2005. He also served for three years as a legal assistant and law clerk to Chief Judge Andrew S. Effron of the US Court of Appeals for the Armed Forces.
American University, Washington College of Law, 2008, J.D., Cum Laude
University of Texas at Austin, 2003, B.S.
District of Columbia
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for District of Columbia Circuit
Clerkship to Judge Andrew Effron of the US Court of Appeals for the Armed Forces (2008)
Awards and Affiliations
Distinguished Legal Writing Award, The Burton Awards, Law360 (2020)
Next Generation Lawyer, Industry focus: Energy regulation: oil and gas, The Legal 500 US (2017–2020)
Member, Law Firm of the Year, Energy/Projects: Power (including Renewables), Chambers USA (2018)
Member, Practice Group of the Year, Energy, Law360 (2016, 2019)
Member, Energy Law Firm of the Year, US News & World Report/Best Lawyers (2015)
Rising Star, Energy and Natural Resources; Utilities, Washington, DC Super Lawyers (2016–2019)
Recommended, Industry focus - Energy regulatory - conventional power, oil and gas, The Legal 500 US (2017, 2018)