These are interesting times for energy producers, providers and customers. Regulations are shifting, prices are fluctuating, and competition is growing stiffer by the day. On the other hand, new technologies and distribution models are expanding opportunities and offering creative solutions to help meet global energy demand.

Wherever the ground shifts to this degree, there is increased potential for commercial and regulatory conflict to arise. The energy industry is no exception.

Hunton Andrews Kurth LLP provides a constant in this sea of change. From electricity to oil and gas, we have the skill and depth of experience  to succeed when the stakes are high. For decades, our energy litigators have helped investor-owned electric utilities and power producers, independent system operators (ISOs), regional transmission organizations (RTOs), stand-alone transmission companies, oil and gas companies, pipeline owners, lenders, utility holding companies and other industry participants in their most complex disputes. We regularly provide advice to, and advocacy for, clients engaged in the production and distribution of energy derived from traditional sources, including hydroelectric, coal, oil and gas, as well as from renewable sources such as wind, solar, geothermal, biomass and biofuels.

We take a proactive approach to litigation avoidance. To minimize the likelihood of regulatory action, criminal complaints or civil lawsuits, we keep clients informed on the activities of watchdog groups and government agencies. We conduct internal investigations and develop and implement strong corporate compliance programs that help clients withstand regulatory scrutiny and inquiries. When controversies arise, we provide effective litigation counsel to businesses and individuals facing law enforcement investigations or involved in disputes with competitors, partners, vendors, suppliers and customers.

We advise clients on alternative dispute resolution (ADR) strategies—such as arbitration, mediation and negotiation—where such options can offer greater predictability and reduced costs. When litigation offers the best path to success, we assemble interdisciplinary teams whose combined subject-matter knowledge and unflinching, skilled advocacy have enabled them to prevail in courts at the administrative, trial and appellate levels.

We have represented clients before all key US federal regulatory and law enforcement agencies and their state counterparts, including the following:

  • Department of Energy (DOE)
  • Federal Energy Regulatory Commission (FERC)
  • Nuclear Regulatory Commission (NRC)
  • Mineral Management Service (MMS)
  • Bureau of Land Management (BLM)
  • Commodity Futures Trading Commission (CFTC)
  • Federal Trade Commission (FTC)
  • Environmental Protection Agency (EPA)
  • Department of Justice (DOJ)

We also represent clients before industry self-regulatory bodies such as the North American Electric Reliability Corporation (NERC).

The scope of our experience is as broad as that of our clients. For our oil and gas clients, we have navigated the complexities of exploration, distribution, royalty, and product, service and equipment contracts disputes. For electricity and gas utilities, we have litigated ratemaking and other matters before state public utility commissions. We have also assisted participants in public-private partnerships to resolve disagreements involving financing, construction contracts and environmental cleanups, among other areas.

Insights