Energy

A new approach. Serving the industry. Our newly formed Energy Industry team is a direct response to the needs of our clients in the fast-growing energy industry. In this evolving effort, an integrated team of veteran attorneys works together to provide comprehensive legal services to businesses of all types and sizes, from alternative-energy startups aiming to capitalize on the green revolution to multinational oil companies intent on adapting their operations to the new realities of the 21st-century.

Energy and utilities professionals form the core of this energy-industry team, but they work closely with fellow lawyers who have experience in a wide array of other disciplines. Indeed, more than 40 LeClairRyan attorneys now devote all or part of their practices to matters of consequence for our energy-industry clients. By relying on this interdisciplinary approach, our large and geographically diverse Energy Industry team is well-positioned to win maximum strategic advantage for our clients.

Diverse clients. Common needs.
Our Energy Industry team works with clients involved in all facets of the industry. We serve as general counsel, for example, for a large electric cooperative, and have served as lead or co-counsel for the permitting and development of coal, natural gas and nuclear power plants alike. Our work for an electric cooperative in Montana has included assistance with environmental-law matters such as a federal/state air permit and Environmental Impact Statement for a coal-fired power plant. In addition to our work for these traditional energy clients, however, we are assisting a growing number of firms involved in the next generation of energy, from alternative-fuel startups to venture capitalists keen on investing in the future. Our clients have included: 

• A North American alternative-energy company that is a subsidiary of a major international utility
• A large domestic regulated utility
• A startup wind-turbine manufacturer
• Biogas companies
• Several commercial users of electricity, for whom we have assisted in energy and gas purchases and alternative-energy projects around the country, including installation of a fuel cell
• Traditional cooperative, investor-owned and municipal utilities
• Emerging-energy technology companies
• Trade associations
• Venture capitalists
• Large commercial and industrial users of electricity

Experienced professionals. Advanced understanding. The attorneys and other professionals on our Energy Industry team have extensive firsthand experience with the challenges and unique needs of clients working in this complex, highly regulated and economically vital industry. Our team is truly interdisciplinary and includes professionals with years of experience in areas such as:

• State and federal utility regulation
• Energy transactions
• Corporate governance
• Governmental affairs and lobbying
• Real estate
• Land use
• Project development and management
• Construction
• Venture capital
• Intellectual property licensing
• Green development
• Clean technologies
• Environmental law
• Immigration
• Regulatory and commercial litigation

Energy Law
Biofuels & Alternative Energy Law
Oil, Gas & Mineral Rights Law

Energy Law
Our experience in the energy industry is exceptionally broad, a rare perspective in this age of micro-specialization. Indeed, our Energy Industry team is able to provide unparalleled contributions to our clients, given our longstanding participation in this industry. We built the foundation of this experience, for example, through comprehensive representation of a $1.7 billion wholesale power-supply cooperative for more than two decades, giving us rare insight into nuances typically familiar only to industry insiders and veterans. In addition, we serve all of the retail electric distribution cooperatives in Maryland, Delaware and Virginia and their regional association. This broad-based, full-service experience makes us fully capable and able to serve the business and legal needs of a wide range of energy providers throughout the United States and abroad.

Our attorneys have an in-depth understanding of and experience in issues relating to all aspects of the energy-generation industry including: 

• Development
• Construction
• Interconnection
• Asset-acquisition
• Sale
• Land use
• Environmental
• Finance
• Co-ownership
• Joint development
• Licensing, and regulatory approval
• Operation
• Production
• Transmission
• Distribution
• Purchase or sale of energy

In addition, we have represented clients in ratemaking and litigation before the Federal Energy Regulatory Commission and the utility regulatory commissions of Virginia, Maryland, Delaware, West Virginia and North Carolina, including CSP licensing, transmission issues, and competitive market rulemakings and tariffs. We also provide governmental relations representation of energy clients at the federal level in Washington, D.C., and at the state level in front of General Assemblies and before Offices of the Governor. Most recently, we have been particularly active in recent legislative initiatives to restructure the electric utility industry.

We have advised our generation clients on the potential for CO2 regulation and have written, spoken and litigated issues surrounding whether CO2 is currently regulated under the Clean Air Act. While the issue of whether CO2 is regulated under the Clean Air Act is in the process of being answered in the affirmative under the new Administration, the harder questions involve predicting the scope of the new laws and regulations—EPA, Congressional and state—interpreting the regulations and legislation once they are enacted, and arriving at a prudent strategy for obtaining new sources of power. Our Energy Industry team works closely with LeClairRyan’s Federal Government Relations team to advise our clients on these issues and help them position themselves to be competitive in a carbon-constrained regulatory environment. Our governmental relations engagements for energy-industry clients include lobbying, legislative drafting, negotiating with competing interests, and development and implementation of detailed legislative campaigns.

Our Energy Industry team has a significant understanding of strategic alliances, project finance, asset acquisitions, power purchases and sales, and joint ventures. Many of the transactions that we have been involved in have used non-traditional approaches to finance. We have negotiated acquisitions of power plants, acted as counsel to secure all necessary permits and approvals for power plants, acted as counsel for pollution-control bond financings, advised on the establishment of commercial paper programs and unsecured lines of credit, and handled project-development and financing arrangements.

From participation in these transactions, we have developed substantial knowledge of the tax issues and financing related to power projects and energy facilities. Our attorneys have advised a number of clients on the tax characteristics of these projects and facilities and on the structure of energy-related financing transactions. Moreover, our Energy Industry attorneys have advised clients on the legal aspects of power-supply acquisition through competitive bidding, wholesale and retail power agreements, energy trading agreements and transactions, capacity credit transactions, gas trading agreements, QF contracts, and opportunity transactions.

We have assisted clients in the following representative matters:

• Regulatory and contractual analysis for purchasers of interests in existing generation assets
• Gas-fired combustion turbine facility in Cecil County, Md.
• Gas-fired combustion turbine facility in Louisa County, Va.
• Gas-fired combustion turbine facility in Fauquier County, Va.
• Oil-fired combustion turbine facility in Quito, Ecuador; operational
• Gas-fired combined cycle facility in Texas; operational
• Coal-fired facility in Halifax County, Va.; operational
• Nuclear power station in Louisa County, Va.
• Successfully prosecuted applications for regulatory approval of the first acquisition in Virginia in two decades of an electric utility’s service territory by another utility company before the State Corporation Commission
• Filed an amicus curiae brief on behalf of NRECA before the EPA’s Environmental Appeals Board on the issues of the regulation of CO2

Biofuels & Alternative Energy Law
Businesses today are more focused than ever on developing and utilizing effective, secure, low-cost fuel alternatives. The attorneys on our Energy Industry team use their experience in the energy industry and in-depth knowledge of alternative energy sources to assist clients in overcoming the challenges and mining the opportunities associated with this emerging sector. The breadth of our experience in biofuels and alternative-energy includes finance, development, construction, technology, intellectual property, regulation, contracting, tax advising and all associated aspects of this industry.

We have assisted clients in the following representative matters:

• Serve as corporate counsel to the fourth largest utility seeking alternative energy sources in the United States
• Serve as corporate counsel to a French protein-engineering company that uses its Massive Mutagenesis patented technology to improve enzymes critical to major industrial processes. Using its enzymes and process-patented technologies, this company can produce ethanol, along with certain lignin-based chemicals used in the manufacture of polymers, at a cost anticipated to make for profitable operation
• Serve as corporate counsel to a Canadian company commercializing a nutrient-recovery process that recovers phosphorous and ammonia from sludge dewatering centrate
• Represent a client specializing in algae biofuels and the conversion of waste plastics to diesel fuels
• Represent companies and universities in developing strategic partnerships for the development of technology associated with biofuels
• Serve as corporate counsel to the manufacturer of a detection system for greenhouse, methane and various volatile vapors from petroleum refineries
• Represent a corporation in international matters relating to the construction of organics to methane gas conversion plants
• Represent cogeneration and small power production companies in regulatory hearings and contract negotiations
• Provide advice regarding renewable energy production tax credits related to wind, biomass, and hydro production
• Provide advice on tax credit allocations of renewable energy projects, including both tax equity and bank loan projects
• Provide advice on tax issues presented by alternative energy project financings
• Provide counsel concerning environmental regulations governing resource recovery plants and landfill gas cogeneration plants
• Represent lenders, developers and equipment vendors in structuring alternative energy project financings
• Represent government entities and development authorities in structuring tax exempt bond financings for converted organics facilities, multitrade energy plants and various cogeneration facilities
• Defend contractors and designers in construction litigation relating to alternative energy facilities
• Counsel users of energy in the installation of solar and fuel cell facilities for distributed generation
• Represent utilities in the purchase of alternative means of power production
• Provide counsel and representation to Wind Energy Corporation

Oil, Gas & Mineral Rights Law
Our Energy Industry team represents a variety of oil, gas and mineral rights industry interests across a broad spectrum of judicial, regulatory and legislative forums, as well as in significant transactions. Our broad industry perspective positions us to provide practical, business-driven solutions for our clients in this industry.

Representative engagements:

Litigation

• Representation of coal company and its affiliates in complex litigation involving allegations of breach of contract, coal bed methane gas leases, and mineral rights.
• Representation of gas drilling companies in matters involving environmental compliance and torts relating to drilling, including water contamination, fugitive methane gas, and explosions.
• Representation of secured lender in litigation concerning fractional interests in oil wells in New Mexico.
• Representation of energy company in tort cases involving refinery operations.
• Assisted in litigation over ownership of coal bed methane.

Bankruptcy

• Representation of secured creditor in pipeline bankruptcy case involving take-or-pay contracts.
• Representation of the Committee of Unsecured Creditors in bankruptcy case of an energy trader selling gas contracts to school systems and various other customers.
• Trustee involved in sales of gas and mineral rights.

Corporate/transactional 

• Counsel to both landowners and gas companies on mineral rights agreements.
• Representation of corporate landowners in West Virginia in the preparation of contracts and leases for oil and mineral rights.
• Counsel to landowners selling mineral rights.
• Drafted private placements for oil well drilling in Louisiana and Texas.
• Set up oil and gas company partnerships.
• Counsel concerning creditors’ rights with regard to oil, gas and mineral rights and the taxation of such rights.

Other 

• Counsel to oil and gas association concerning the legislative and policy issues surrounding oil and gas production and distribution of natural gas.
• Formerly employed in the Oil and Gas Division and the Environmental Division of the Texas Railroad Commission, which is the agency responsible for the regulation of the oil and gas industry in Texas.
• Developed program for integrated energy company to resolve water contamination claims in Kentucky and West Virginia in cost-effective manner designed to avoid class action litigation.