Energy, Regulation and Litigation

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Carbon Markets Update – Q3 2023

Tapping the knowledge and experience of Gibson Dunn lawyers around the globe, our quarterly Carbon Markets Update helps our clients across all sectors navigate the ever-changing landscape of voluntary carbon markets.

Client Alert | October 24, 2023

Carbon Markets Update – Q2 2023

“Market conditions have changed so dramatically that today, no matter its products or services, every company is also in the environmental business.” Our Carbon Markets Update newsletter helps our clients across all sectors navigate the ever-changing landscape of voluntary carbon markets

Client Alert | July 28, 2023

Carbon Markets Update – Q1 2023

Gibson Dunn lawyers provide recent updates and analysis on the voluntary carbon market.

Client Alert | April 4, 2023

Gibson Dunn Promotes 37 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP has elected 37 lawyers to its partnership, effective January 1, 2023.

Press Releases | November 15, 2022

Expert Guides Best of the Best United States 2022 Recognizes Ten Gibson Dunn Partners

Euromoney’s Expert Guides has named ten Gibson Dunn partners to its 2022 edition of the Best of the Best United States Guide, which recognizes the top 30 legal practitioners in the country across 15 areas of law.

Firm News | October 7, 2022

Supreme Court Upholds Limits On Environmental Protection Agency’s Authority To Shift Sources Of Energy Production

On June 30, 2022, the Supreme Court held 6-3 that Congress has not delegated broad authority to EPA to substantially restructure the American energy market.

Client Alert | June 30, 2022

Who’s Who Legal 2022 Recognizes Gibson Dunn Partners in Energy

Seven Gibson Dunn partners were featured by Who’s Who Legal in its Energy 2022 guide.

Firm News | June 16, 2022

Who’s Who Legal 2021 Recognizes Gibson Dunn Partners in Energy

Seven Gibson Dunn partners were featured by Who's Who Legal in its Energy 2021 guide. Houston partners Michael P. Darden and Hillary Holmes were recommended in Energy – Oil & Gas.

Firm News | August 10, 2021

Webcast: Carbon Markets: What We Know and What to Expect

Join a panelist of Gibson Dunn lawyers for a discussion of cap and trade programs in the United States and Europe, and a forecast of what to expect for a U.S. carbon market under the Biden administration.

Webcasts | May 5, 2021

Who’s Who Legal 2020 Asset Recovery, Energy, and Product Liability Defence Guides Recognize Eight Gibson Dunn Partners

Eight Gibson Dunn partners were recognized in Who’s Who Legal Asset Recovery 2020, Energy 2020, and Product Liability Defence 2020 guides. Dubai partner Graham Lovett was recommended in Asset Recovery.

Firm News | August 12, 2020

En Banc D.C. Circuit Overturns Long-Standing FERC Practice of Issuing Tolling Orders for Rehearing Requests

A June 30, 2020, en banc decision by D.C. Circuit likely ends the Federal Energy Regulatory Commission’s (FERC’s) practice of issuing tolling orders for the purpose of allowing additional time for consideration.

Client Alert | June 30, 2020

Who’s Who Legal Recognizes Ten Gibson Dunn Partners in Project Finance, Product Liability, Energy, and Asset Recovery in 2019

Ten Gibson Dunn attorneys were recognized by Who’s Who Legal in their respective fields. The Who’s Who Legal Project Finance 2019 guide recognized Houston partner Mike Darden, New York partner Tomer Pinkusiewicz and San Francisco partner Robert Nelson.

Firm News | November 6, 2019

Gibson Dunn Ranked in 2019 U.S. Legal 500

Gibson Dunn earned 54 practice area rankings, including 18 top-tier rankings in the 2019 edition of The Legal 500 – United States, and 32 partners were named Leading Lawyers in their respective practices with an additional 15 partners recognized as Next Generation Lawyers and two attorneys recognized as Rising Stars.

Firm News | July 11, 2019

Webcast: Impacts of the Tax Cuts and Jobs Act on Electric Utilities

This webcast brings together a diverse panel of professionals in electric utility tax issues to discuss the impact of the 2017 Federal Tax Cuts and Jobs Act (TCJA) on electric utilities, with a particular focus on the impacts on utility accounting and Federal Energy Regulatory Commission (FERC) ratemaking.

Webcasts | June 24, 2019

FERC Resolves Key Aspects of Generator Option to Build Interconnection Upgrades; Ignores 60-Day Clock Under Section 205 Where No Specific Effective Date Requested

The Federal Energy Regulatory Commission (FERC) recently issued two back-to-back orders that resolve key questions regarding the Interconnection Customer’s “Option to Build” the Transmission Owner’s transmission facilities under a FERC-jurisdictional interconnection agreement. 

Client Alert | May 22, 2019

President Trump Issues Two Executive Orders on Energy Infrastructure

On April 10, 2019, President Trump issued two long awaited executive orders (“EOs”) intended to promote the development of energy infrastructure through several regulatory reforms.

Client Alert | April 11, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.

Firm News | January 13, 2019

FERC Issues Proposed Rule on Return of Excess ADITs by Electric Utilities

On November 15, 2018, the Federal Energy Regulatory Commission ("FERC") issued a Notice of Proposed Rulemaking ("NOPR") addressing how electric utilities are to modify their cost-based rates to account for the impact of the Tax Cuts and Jobs Act of 2017 on accumulated deferred income taxes ("ADITs").

Client Alert | November 26, 2018

Amendments to Section 205 of the Federal Power Act May Not Have Intended Result

Last week, President Trump signed into law the America's Water Infrastructure Act of 2018 (the "Act") that, among other things, amends Section 205 of the Federal Power Act to make it easier to challenge new electric transmission rates for utilities regulated by the Federal Energy Regulatory Commission ("FERC" or "the Commission").

Client Alert | October 31, 2018

IRS Provides Much Needed Guidance on Opportunity Zones through Issuance of Proposed Regulations

On October 19, 2018, the Internal Revenue Service (the "IRS") and the Treasury Department issued proposed regulations (the "Proposed Regulations") providing rules regarding the establishment and operation of "qualified opportunity funds" and their investment in "opportunity zones."

Client Alert | October 22, 2018

FERC Issues Long-Awaited Order on Return on Equity for New England Electric Utilities

On October 16, 2018, the Federal Energy Regulatory Commission ("FERC") issued a long-awaited order on the return on equity ("ROE") to be used by electric utilities in New England for setting their transmission rates.

Client Alert | October 18, 2018

Gibson Dunn Receives Chambers USA Excellence Award

At its annual USA Excellence Awards, Chambers and Partners named Gibson Dunn the winner in the Corporate Crime & Government Investigations category.

Firm News | May 25, 2018

FERC Takes Aim at Income Tax Over Recovery in Pipelines’ Regulated Rates

Last week, on March 15, 2018, the Federal Energy Regulatory Commission (FERC) issued a number of orders aimed at addressing potential over-recovery of income tax in pipelines' regulated rates.

Client Alert | March 19, 2018

Joint Venture Traps to Avoid

Houston partners Gerry Spedale and Hillary Holmes are the authors of "Joint Venture Traps to Avoid," [PDF] published in Midstream Business in March 2018.

Article | March 1, 2018

EPA In The Trump Era: The DOJ’s 3rd-Party Payment Policy

Washington, D.C. partner Raymond B. Ludwiszewski is the author of "EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy," [PDF] published by Law360 on February 23, 2018.

Article | February 23, 2018

2017 Year-End Environmental Update for the Oil & Gas Industry

With the beginning of a new presidential administration, 2017 was a year of notable transition in key areas of environmental law and policy. Not surprisingly, few sectors experienced that transition more than the oil and gas sector.

Client Alert | January 22, 2018

The Gross-Split Production Sharing Contract: The End of an Era for Indonesia’s Upstream Oil and Gas Industry and Traditional PSC Model

On 13 January 2017, the Ministry of Energy and Mineral Resources of the Republic of Indonesia issued Regulation No. 18 of 2017, which introduces a new form of gross-split production sharing contract and abolishes the cost recovery system, which has been a feature of Indonesia's production sharing contracts since their inception in 1966.

Client Alert | May 31, 2017

Regulatory Reform Agenda Opens Door For Public Input

​Washington, D.C. partner Avi Garbow and associate Bryson Smith are the authors of "Regulatory Reform Agenda Opens Door For Public Input," [PDF] published by Law360 on May 4, 2017.

Article | May 4, 2017

D.C. Circuit Overturns FERC’s ROE Methodology for Electric Utilities

On April 14, 2017, a unanimous panel of the D.C. Circuit Court of Appeals vacated the Federal Energy Regulatory Commission's ("FERC") current approach to setting rate of returns on equity ("ROE").

Client Alert | April 20, 2017

Fourth Circuit Uranium Mining Ruling Narrows Federal Preemption

​Washington, D.C. partner Michael Murphy is the author of "Fourth Circuit Uranium Mining Ruling Narrows Federal Preemption," [PDF] published by Law360 on March 8, 2017.

Article | March 8, 2017

Canadian Court Upholds Chevron’s Corporate Separateness and Its Right to Defend Against Judgment Obtained by Fraud

On January 20, 2017, the Ontario Superior Court of Justice granted summary judgment in favor of Chevron Canada Limited ("Chevron Canada") and partial summary judgment in favor of Chevron Corporation in Yaiguaje et al v. Chevron Corporation et al.  In Canada, Ecuadorian plaintiffs sought to recognize and enforce a fraudulent judgment obtained in Ecuador against Chevron Corporation.  And to collect on that judgment, the plaintiffs were attempting to seize the assets of Chevron Corporation's seventh-level subsidiary, Chevron Canada.  Finding that Chevron Corporation and Chevron Canada are "separate legal entities with separate rights and obligations," however, the court dismissed the plaintiffs' attempts to hold Chevron Canada liable.  Indeed, the Court

Client Alert | January 27, 2017

Claims Involving a Limited Partnership Deal Are Derivative Under ‘Tooley’ Test

​Los Angeles partner Benyamin Ross and New York associates Jefferson Bell and Lauren Kole are the authors of "Claims Involving a Limited Partnership Deal Are Derivative Under 'Tooley' Test," [PDF] published in Delaware Business Court Insider on January 18, 2017.

Article | January 18, 2017

FERC Anti-Market Manipulation Update

On November 17, 2016, the Enforcement Staff of the Federal Energy Regulatory Commission ("FERC") released two white papers providing an overview of the Commission's anti-market manipulation enforcement efforts and offered guidance on effective energy trading compliance practices.  Detailing the first decade of FERC's enhanced enforcement authority granted by the Energy Policy Act of 2005, the papers are an effort by the Commission to provide significant guidance to the regulated community.  The papers also reinforce the Commission's and the Office of Enforcement's intent to continue aggressively combating market manipulation and encourage market participants to implement effective compliance systems that can help detect and prevent manipulative activity.  This clie

Client Alert | November 22, 2016

The Trump Presidency: Selected Initial Observations and Considerations

There is widespread speculation regarding what President-elect Donald Trump and a Republican-controlled Congress will choose to prioritize and pursue in 2017 and beyond.  With the majority of pollsters and media observers incorrectly forecasting a victory for Hillary Clinton, many are just now beginning to assess how they will operate under, and the potential opportunities presented by, the policies of the Trump administration and the Republican-led Congress.  We would like to share with you some of our initial observations about the potential effects that may be forthcoming in the near term.  With Republicans claiming the White House and maintaining control of both the House of Representatives and the Senate, we expect a flurry of legislative and administrative activity con

Client Alert | November 15, 2016

Chevron Earns Decisive Victory in Second Circuit Civil RICO Appeal Concerning Corrupt Scheme to Obtain $9.5 Billion Ecuadorian Judgment Through Bribery and Fraud

On August 8, 2016, a unanimous panel of the United States Court of Appeals for the Second Circuit affirmed the judgment in favor of Chevron Corporation in Chevron Corp. v.

Client Alert | August 9, 2016

Disintermediation of Private Equity

​Denver partner Beau Stark is the author of "Disintermediation of Private Equity" [PDF] published in the June 2016 issue of Oil & Gas Financial Journal.

Article | June 1, 2016

CFTC Proposal Sparks Controversy by Permitting Private Lawsuits in FERC-regulated Electricity Markets

On Tuesday, May 10, 2016, the Commodity Futures Trading Commission ("CFTC") proposed an amendment (the "Proposal") to its 2013 RTO/ISO Exemption Order that would allow private parties to bring lawsuits alleging violations of the anti-fraud and anti-manipulation rules for swaps and derivatives traded in the FERC-regulated markets of Regional Transmission Operators ("RTO") and Independent System Operators ("ISO"), and in Texas.

Client Alert | May 17, 2016

A Smarter Approach To Renewable Energy Reliance In Calif.

​Los Angeles partner Jeffrey Dintzer and associate Dione Garlick are the authors of "A Smarter Approach To Renewable Energy Reliance In Calif." [PDF] published on May 2, 2016 by Law360. 

Article | May 2, 2016

Recent Developments in CFTC Enforcement

2015 was a significant year for the Enforcement Division of the U.S. Commodity Futures Trading Commission (CFTC or Commission). Five years after the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and its expansion of the CFTC's enforcement authority, annual enforcement fines have become very substantial--the Commission ordered a record $3.14 billion in civil monetary penalties in 2015.

Client Alert | April 13, 2016

The CPUC’s Realistic Approach Toward Energy Security

​Los Angeles partner Jeffrey Dintzer and associate Elizabeth Schmitz-Robinson are the authors of "The CPUC's Realistic Approach Toward Energy Security" [PDF] published on January 29, 2016 by Law360.

Article | January 29, 2016

The EPA and the Clean Power Plan: A Paradigm Shift in Energy Regulation Away From Energy Regulators

​Washington, D.C. partner William Scherman and associate Jason Fleischer are the authors of "The EPA and the Clean Power Plan: A Paradigm Shift in Energy Regulation Away From Energy Regulators" [PDF] published on November 16, 2015 by the Energy Law Journal

Article | November 16, 2015

“Adoption Day” Marks Next Step for Iran Nuclear Deal

​October 18, 2015 marked Adoption Day, the latest milestone in the implementation of the Joint Comprehensive Plan of Action ("JCPOA") between the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States) and the Islamic Republic of Iran to ease sanctions on Iran in exchange for limitations on its nuclear program.

Client Alert | October 19, 2015

Inside EPA’s Plan For Reducing Methane Emissions

​Washington D.C. partner Stacie Fletcher and associate David Schnitzer are the authors of "Inside EPA's Plan For Reducing Methane Emissions " [PDF] published on August 20, 2015 by Law360.

Article | August 20, 2015

Do CERCLA Cost Recovery And Contribution Rights Overlap?

​Washington D.C. partner Michael Murphy and associate David Fotouhi are co-authors of "Do CERCLA Cost Recovery And Contribution Rights Overlap? " [PDF] published on August 7, 2015 by Law360.

Article | August 7, 2015

U.S. Supreme Court Issues Important Decision Regarding Agencies’ Duty to Consider Costs in Rulemaking

On the last day of its Term, the Supreme Court of the United States issued a decision that is likely to be an important precedent in litigation challenging agency rules that impose unreasonable costs.

Client Alert | June 29, 2015

Divided FERC Approves PJM’s Capacity Performance Proposal

​In an order issued late in the evening of June 9, 2015, the Federal Energy Regulatory Commission ("FERC") largely approved PJM Interconnection, L.L.C.'s ("PJM") December 12, 2014 Capacity Performance Proposal ("CPP") to restructure its capacity market, the Reliability Pricing Model ("RPM"), over the dissent of FERC Chairman Norman Bay.

Client Alert | June 15, 2015

Tracking The DC Circ.’s Trend On Article III Standing

Washington, DC partner Raymond B. Ludwiszewski and of counsel Charles H. Haake are authors of “Tracking the DC Circ.’s Trend on Article III Standing,” published by Law360.

Article | May 13, 2015

Competitive Transmission Is Good And It Is Here To Stay

Washington, D.C. partner William R. Hollaway and senior counsel Janine Durand are authors of "Competitive Transmission Is Good And It Is Here To Stay" [PDF] published on April 16, 2015 by Law360.

Article | April 16, 2015

Webcast: Competitive Transmission: The Next Big Thing

The future of competitive transmission is one of the hottest topics currently being discussed today in the electric power industry. Our panel discussion addresses the key issues in this rapidly-evolving area.

Webcasts | April 1, 2015

U.S. Department of the Interior Releases Final Rule Updating Regulations Governing Hydraulic Fracturing Operations on Federal Land

The Bureau of Land Management at the Department of the Interior issued a final rule on March 20, 2015 updating the regulations governing hydraulic fracturing on public lands.

Client Alert | March 24, 2015