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Energy

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Arnold & Porter Kaye Scholer assists its energy sector clients with mergers and acquisitions, financing, capital markets, regulatory, compliance, enforcement, litigation and environmental matters, among other issues. Our cross-disciplinary team works with clients in various sectors, including electric generation, alternative energy and infrastructure, oil and gas exploration, development and production, oilfield services, transportation and pipelines, and refining and petrochemical. Our energy practice is supported by disciplines such as litigation, tax, bankruptcy, antitrust, corporate, real estate and environmental, to name just a few.

Our transactional team has considerable experience in the acquisition and divestiture of energy assets; the representation of issuers and underwriters in public and private debt and equity offerings; the representation of private equity funds in energy investments and the development and financing of energy infrastructure projects in the United States, Latin America, and around the world. In this rapidly changing field, we work with traditional fossil-fuel and cogeneration facilities, as well as with clients undertaking solar, hydroelectric, geothermal, biomass, LNG, wind, and other renewable and nuclear energy projects.

Our regulatory lawyers regularly represent key market participants before the Federal Energy Regulatory Commission, the Commodity Futures Trading Commission, federal and state courts, the North American Electric Reliability Corporation, and other agencies. We represent clients in matters involving market design, rate issues, rulemakings, contractual and other disputes, compliance and enforcement matters, and appellate matters. We represent clients subject to audit, conduct training sessions, and provide advice as to day-to-day and complex matters.

Lawyers at Arnold & Porter Kaye Scholer have represented:

  • Resolute Energy Corporation in its divestiture of its Aneth oil field assets, transforming Resolute into a pure-play Delaware Basin company.
  • PPL Corporation in energy regulatory, environmental, and transactional matters related to its spin-off of PPL Energy Supply, which was combined with Riverstone Holdings' generation business to form Talen Energy Corp., creating the third largest investor-owned, independent power producer in the US based on megawatts of generating capacity and listed on the New York Stock Exchange.
  • The PJM Power Providers Group (P3), whose members include Exelon, PSEG Energy Resources & Trade, Calpine Corporation, NRG, PPL Corporation, and NextEra Energy Resources, LLC, as well as the PPL companies individually. A current matter pending before the US Supreme Court relates to the Federal Energy Regulatory Commission's exercise of jurisdiction over demand response compensation.
  • York Capital Management in its formation of a renewable energy investment platform, in its acquisition of utility-scale solar power generation projects in North Carolina and Georgia, and in its joint venture with EverStream Energy Capital Management, LLC to invest in utility-scale solar power generation facilities in Japan.
  • Financial firms and other companies in litigation and as targets of investigations, including:
      • A major utility in an investigation into false price reporting in the natural gas market.
      • An energy trading firm in an investigation into price manipulation.
      • An Australian bank in litigation in federal district court and bankruptcy court arising from a $50 million credit derivative swap transaction relating to Enron debt.

Perspectives

Energy and Environmental Justice: Legal Framework (pdf)
Energy Bar Association: 2017 Mid-Year Energy Forum, Washington, DC
Managing Business Risk: President Trump's Energy & Environment Regulatory Agenda (pdf)
ABA Business Law Section, Chicago, IL
China's New Cybersecurity Law Imposes Heightened Restrictions on Company Computer Networks
Advisory
New Jersey Uses Sovereign Immunity to Escape Spill Act Liability (pdf)
Energy Law Report, Vol. 17-7
Proposals to Rollback Chevron Deference: Implications for Environmental Law Practitioners (pdf)
ABA Section of Environment, Energy, and Resources
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