Energy Litigation

The development of structured markets has led to increased energy industry litigation. We represent both buyers and sellers of power in disputes under purchase agreements and related contracts in arbitration, in the courts, and before regulatory agencies.

To effectively litigate power purchase and related disputes, our lawyers bring to bear their experience in navigating the complex relationships among purchasers, sellers, regional power pools, contractors, and transmission providers. Our in-depth knowledge of energy transaction mechanics enables us to guide clients through the industry’s complicated regulatory overlay. In short, when purchasers and sellers in energy’s increasingly deregulated marketplace face complex challenges of any kind, we stand ready and able to help.

Our energy litigators represent oil and gas industry clients in a broad range of upstream, midstream, and downstream disputes. We know the structure and operation of the industries and understand the applicable federal and state regulatory policies, making us particularly positioned to deliver excellent results for our clients. Our experience includes representing clients in the following energy-related disputes, which present just a sampling of our capabilities: 

• Class actions, including toxic torts and major disasters
• Disputes between project developers and purchasers
• Energy facility and other construction disputes 
• Partnership disputes
• Real estate disputes
• Civil and administrative litigation concerning federal preemption of state regulation
• Condemnation and eminent domain
• Exploration and production disputes
• Natural gas royalties, sales contracts, and natural gas processing contracts
• Sales of liquefied natural gas (LNG)
• Use of LNG terminal facilities
• Environmental claims, including polychlorinated biphenyl (PCB) contamination
• Interstate and intrastate pipeline rates, terms, and conditions of service
• Access to interstate and intrastate pipeline facilities
• Development, operation, and use of inter- and intrastate natural gas storage facilities
• Regulatory and litigation proceedings involving rates and services for oil and product pipelines under the US Interstate Commerce Act

We have been trusted to prosecute and defend some of the most significant nuclear litigation in the United States. In collaboration with our nuclear regulatory lawyers, our litigators resolve cases in which market conditions, nuclear power plant performance, or regulatory problems led to lengthy plant shutdowns or premature retirements, all of which are complicated by Nuclear Regulatory Commission (NRC) rules and oversight.

We handle cases that range from the routine, such as prudence reviews for nuclear plant construction and outages, to the precedent-setting. For example, Morgan Lewis has represented US-based nuclear industry clients in damage claims against the federal government for its failure to accept spent nuclear fuel for disposal. Our efforts have led to multiple judgments in excess of $100 million in contested trials. We’ve also negotiated groundbreaking settlements yielding hundreds of millions of dollars in compensation for our clients.

Our lawyers often represent nuclear industry clients in parallel proceedings arising from significant events, ensuring consistent positions in prosecuting or defending matters simultaneously before regulators, in court, in arbitration, and, importantly, in difficult challenges related to the management of media coverage. We have the resources to effectively handle the logistical challenges that come with these cases, which often require the expeditious review and production of massive volumes of data. 

We also handle other common litigation in the nuclear industry, which arises between utilities and the government, vendors, other utilities, power purchasers, shareholders, and co-owners. Our lawyers’ experience with nuclear regulatory issues, technology, and industry practices helps us to prevail for our clients in these high-stakes disputes.

As a global adviser to the oil and gas sector, Morgan Lewis represents clients in international arbitration matters throughout the world. Our clients include public utilities, integrated oil companies, state-owned entities, independent power producers, independent oil and gas companies, petrochemical companies, refiners and marketers, project developers, financial institutions, private equity firms, service companies, and government contractors.

Because each of our offices has access to the experience and arbitration resources of the entire firm, we can swiftly assemble national or international teams to handle major matters in any jurisdiction.

Our lawyers have represented clients in complex matters involving virtually every aspect of the industry, including upstream and downstream matters, project development, construction, crisis management and emergency response, pollution, and general commercial matters. We also have supervised lawyers in many international jurisdictions and represent clients in arbitrations worldwide. Our experience provides our clients with the means to forcefully press their positions in the confidential setting offered by arbitration while preserving existing relationships where possible. Although we often use our strength in mediation and settlement negotiations to our clients’ greatest possible advantage, we do not hesitate to vigorously pursue arbitration awards where commercial settlements are impossible.

Our experience includes representations involving various arbitration rules, including the rules of the International Centre for Dispute Resolution, United Nations Commission on International Trade Law, International Chamber of Commerce, London Court of International Arbitration, Dubai International Arbitration Centre, International Centre for Settlement of Investment Disputes, and Singapore International Arbitration Centre.

Our mass tort litigation and nuclear energy litigation teams represent companies facing radiation contamination, radiation exposure, personal injury, and property damage claims. We also litigate cases involving the diminution of property values allegedly stemming from nuclear power plant operations, nuclear fuel processing plants, uranium production, storage of nuclear waste, radium products, atomic weapons testing, and naturally occurring radioactive materials (NORM).

Our lawyers understand radioactive materials and the health effects of exposure to radiation, allowing us to effectively resolve these costly lawsuits. We have experience with mass tort litigation tactics and defense strategies, and a thorough command of the regulations and applicable standards regarding radiation safety.

Our team’s experience in defending mass tort claims and toxic tort class actions allows us to effectively defend clients in radiation-related litigation. Our practice is further enhanced by our background in representing owners of nuclear power plants and other nuclear facilities—particularly in matters involving the alleged release of radioactive materials—as well as other clients who use radioactive materials in their businesses.

Federal agencies such as the NRC, US Department of Energy (DOE), US Occupational Safety and Health Administration (OSHA), US Environmental Protection Agency (EPA), US Commodity Futures Trading Commission (CFTC), and Federal Energy Regulatory Commission (FERC) often target energy industry companies for government investigation. Investigations can even involve federal prosecutors from the US Department of Justice (DOJ).

Our energy litigation lawyers work seamlessly with our corporate investigations and criminal defense teams to successfully guide energy and oil and gas companies through regulatory and DOJ investigations. Clients also frequently rely on us to conduct internal investigations and develop effective corporate compliance programs.

Federal agencies such as the NRC, US Department of Energy (DOE), US Occupational Safety and Health Administration (OSHA), US Environmental Protection Agency (EPA), US Commodity Futures Trading Commission (CFTC), and Federal Energy Regulatory Commission (FERC) often target energy industry companies for government investigation. Investigations can even involve federal prosecutors from the US Department of Justice (DOJ).

Our energy litigation lawyers work seamlessly with our corporate investigations and criminal defense teams to successfully guide energy and oil and gas companies through regulatory and DOJ investigations. Clients also frequently rely on us to conduct internal investigations and develop effective corporate compliance programs.

We represent clients on all sides of renewable energy disputes involving solar and wind technology and projects. Our clients include inventors, investors, joint venture partners, financiers, manufacturers, and contractors. We represent clients in all aspects of renewable energy disputes, both in court and arbitration throughout the United States, Canada, and Europe. Representative matters include disputes regarding the following:

• Engineering, procurement, and construction agreements
• Engineering services agreements
• Construction management agreements
• Equipment purchase agreements
• Power purchase agreements
• Renewable energy credit purchase agreements
• Development contracts

Our insurance recovery lawyers represent energy industry policyholders on a national and international basis—across borders and across disciplines. As advisers and trial lawyers, we navigate insurance law as it intersects with statutes governing bankruptcy, taxes, securities, and transactions.

We help clients preserve and recover assets, and minimize the tax impacts from insurance recoveries. Our lawyers have experience with the insurance implications of bankruptcy, the use of private asset protection and tax-efficient vehicles (such as qualified settlement funds or trusts) authorized by the US Internal Revenue Code, and the use of derivatives and security devices to ensure long-term insurance responsiveness.

Market volatility and the heightened publicity associated with restructuring has resulted in an increase in derivative and class action claims against publicly traded energy companies, particularly in shareholder and customer class actions. Our litigators have experience representing clients facing such claims, and Morgan Lewis is routinely recognized as a leader in class action litigation, which requires proficiency in many specialized areas. Drawing upon the resources and talents of our leading energy regulatory and transaction teams, we are uniquely suited to assist energy clients facing class action cases.

We also represent corporate directors in derivative suits. Our team recently represented the members of an electric utility board of directors who faced breach of duty claims for failing to prevent a senior officer from allegedly accepting kickbacks from coal suppliers. Our litigators also represent utilities before federal courts, state courts, and administrative agencies in cases involving transmission siting issues, stranded investment, and federal antitrust claims.