The energy and utilities industries are presently confronting many distinct challenges. These include, a challenging economy, the need for new infrastructure, the integration of new technologies, the reality of climate change, and additional environmental and other governmental regulations. In essence, energy and utilities companies must simultaneously promote innovative growth and become good environmental stewards by making less environmental impact. Cozen O’Connor can assist firms in responding to these and other challenges.
As energy and utilities companies develop new strategies to operate effectively in the global marketplace, they need lawyers who understand the industry in all its complexity. The members of Cozen O’Connor’s interdisciplinary energy and utilities industry team have decades of experience working on the very issues that dominate the legal landscape today: financial and technological change, energy efficiency, community advocacy, and regulatory oversight. The team includes attorneys with deep knowledge of energy, environmental, and utilities economics and laws. Our team includes transactional lawyers and litigators who help clients pursue new ventures and resolve major disputes.
We have a diverse client base in the energy arena. It includes some of the biggest corporate names in electricity, oil, natural gas, wind, solar, and biofuels. We represent energy project developers, producers, marketers, suppliers, distributors, and transporters; energy investors; construction and logistics specialists; and industrial customer groups and other corporate consumers of energy. Our practice is renowned for its work with investor-owned public utilities, as well as municipal authorities and other municipal owners and operators of water, gas, wastewater, and electricity systems.
The energy and utilities industry team is designed to ensure that clients are served by attorneys who combine legal experience with industry knowledge. We have a deep understanding of the language, operational norms, scientific principles, and market pressures that define the industry and each subfield. Our lawyers are as steeped in the details of gas shale drilling leases, utility distribution systems, and wind turbine capacity as our clients, so no time is wasted getting up to speed on our clients’ requirements. And because we have a broad view of the energy industry, we are able to provide strategic advice that allows our clients to move forward confidently and prepare for success in the new energy era.
SERVICE AREAS
Litigation and Investigations
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Prosecute public utility rate proceedings
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Represent energy companies in commercial litigation, arbitration, mediation and other forms of dispute resolution
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Represent businesses, officers, employees, and boards in internal investigations, and defend clients in government investigations that arise out of energy industry business practices
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Defend energy companies in employment litigation, including class action litigation
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Respond to environmental litigation brought by government enforcers and private parties
Transactional
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Provide “turnkey” legal services for energy projects
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Assist industry participants with mergers, acquisitions, divestitures, joint ventures, and other business combinations
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Represent energy market participants in transportation and logistics transactions
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Conduct energy facility permitting, siting, marketing, sales, and due diligence
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Handle project finance work for a variety of industry undertakings
Regulatory
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Represent clients in state and federal regulatory proceedings
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Counsel businesses on corporate compliance, labor law, and public utility rate regulations
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Provide environmental regulatory counseling, including land use, pollution, and credits
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Design credible public strategies and lobby government on the state and federal levels
RELATED PRACTICES
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Energy & Environmental
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Commercial Litigation
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Mergers & Acquisitions
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Labor & Employment
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Transportation & Logistics
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Public Strategies
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Internal Investigations and Criminal Defense
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Real Estate
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Public & Project Finance
April 16, 2013
Senator Charles McIlhinney (R-10) has circulated a memo indicating that he plans on submitting a bill to address various issues with the Pennsylvania building code review process, and to provide additional time and resources to allow the Review and Advisory Committee to do its work more effectively. MORE
March 04, 2013
On January 24, the Federal Energy Regulatory Commission
(FERC) approved a significant settlement addressing the base rate treatment for planned actions to overhaul the aging Columbia Gas Transmission, LLC (Columbia) pipeline system. While by its own terms the settlement is not considered precedential, FERC’s approval of the settlement is noteworthy for operators of older natural gas transmission and distribution pipelines and hazardous liquids pipelines systems. These pipeline systems may contain bare steel or cast iron, may have inadequate cathodic protection, may be subject to settling or other environmental conditions that have placed significant stress on pipe, may not be “piggable,” or otherwise may be at risk of reduced operating pressure in the face of potentially heightened requirements for establishing maximum allowable operating pressure. As increased focus on pipeline integrity management drives capital expenditures and operating and maintenance priorities, these transmission and distribution pipeline operators (representing a majority of pipeline mileage in the United States) must engage in thoughtful planning for pipeline facility repairs, upgrades and replacements and identify cost recovery mechanisms that work best for their specific circumstances.
MORE
February 20, 2013
Little more than a week after reports of cyber attacks targeted atthe Department of Energy, The New York Times and The Wall Street Journal, President Obama declared in his State of the Union address that these forms of attacks on the nation’s critical infrastructure are rapidly growing and present “real threats to our security and our economy.” MORE
February 01, 2013
On January 31, the Pennsylvania Department of Environmental Protection (PADEP) finalized revisions to its “GP-5” air quality general permit, which include significantly reduced allowable emission limits. According to PADEP, the revisions to GP-5 impose emissions limits that are 75 to 90 percent stricter than current limits for the most common engines used at compressor stations. MORE
January 24, 2013
On January 4, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held in National Resources Defense Council v. EPA, No. 08-1250, that the U.S. Environmental Protection Agency (EPA) had improperly promulgated two rules implementing standards for fine particulate matter (PM2.5) under the Clean Air Act (CAA). Because of this ruling, the EPA will have to reissue the challenged rules under different provisions of the CAA, which is likely to result in the imposition of more stringent requirements on the regulated community. In addition, the court discussed when statements made in the preamble to a rulemaking can be considered "final actions" that are subject to appeal. MORE
January 03, 2013
On January 1, 2013, the U.S. Congress passed last minute legislation known as the American Taxpayer Relief Act of 2012 (the Act) to avoid an automatic increase in income taxes for millions of Americans and draconian cuts to the budget of the federal government that many feared would plunge the nation's economy back into recession. Also included in this eleventh-hour legislative compromise were extensions of various tax credits related to renewable energy, energy efficiency and alternative fuel vehicles. MORE
January 01, 2013
Over the last several years, attorneys have begun to see the focus of environmental regulations in the United States shifting from cleaning up legacy contamination to anticipating the environmental challenges of the future. MORE
December 13, 2012
After months of hearings and petitions, at their December 5, 2012 meeting, the Pennsylvania Public Utility Commissions (PUC) upheld PECO’s and FirstEnergy’s energy efficiency savings targets for the second phase of Pennsylvania’s Act 129 Energy Efficiency and Conservation Program (EE&C program). MORE
November 26, 2012
New Jersey is struggling to fix its solar market following a sustained and precipitous drop in prices for Solar Renewable Energy Credits (SRECs). A new solar energy bill (the Solar Law) designed to stabilize the market was signed into law on July 23, 2012 by Governor Chris Christie but questions surrounding its implementation by the New Jersey Board of Public Utilities (BPU or the Board) have led many stakeholders to question the sustainability of New Jersey’s solar market under its current design. MORE
November 15, 2012
Starting on January 1, 2013, New Jersey commercial and industrial (C&I) ratepayers will be eligible for a new credit
against their Societal Benefits Charge (SBC) contributions. The credit was signed into law by New Jersey Governor Chris Christie on January 17, 2012. Under the provisions of the statute (N.J.S.A. 48:3-60.3), C&I ratepayers may be eligible for a credit against their SBC charge equal to one-half of the costs incurred for the purchase and installation of energy efficiency products and/or services. MORE
November 06, 2012
On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state law nuisance claims are preempted by the federal Clean Air Act (CAA). MORE
November 05, 2012
U.S. District Court Holds that Federal Clean Air Act Preempts Pennsylvania State Law Common Law Tort Claims - Energy, Environmental and Utilities Alert - On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state law nuisance claims are preempted by the federal Clean Air Act (CAA). MORE
October 10, 2012
Ninth Circuit Rejects Global Warming Nuisance Claim: Native Village of Kivalina v. ExxonMobil Corp - Energy, Environmental and Utilities Alert - On September 21, 2012, the 9th Circuit Court of Appeals upheld a District Court decision dismissing the claims of the Native Village of Kivalina and the City of Kivalina (collectively Kivalina) asserting that some of the largest
energy companies in the United States(collectively Energy Producers) were responsible for coastal erosion caused by
greenhouse gas emissions and resulting global warming.
MORE
September 14, 2012
D.C. Circuit Court Rejects EPA's Multistate Power Plant Rule - Energy, Environmental and Utilities Alert - On August 21, 2012, two judges on a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued an opinion vacating the Cross-State Air Pollution Rule (CSAPR), a complex rule designed by the U.S. Environmental Protection Agency (EPA) to regulate emissions of sulfur dioxide (SO2) and nitrogen oxide (NOx) from multiple power plants across 28 states. MORE
September 04, 2012
PUC Grants Motion for Reconsideration of its Order Extending The Act 129 Energy Efficiency and Conservation Program - Energy, Environmental and Utilities Alert - On August 3, 2012, pursuant to Act 129 of 2008 (Act 129), the Pennsylvania Public Utility Commission (PUC) issued an order extending mandatory electricity consumption
reduction targets in the commonwealth into a second phase (the Implementation Order). On August 20, Met- Ed, Penelec, Penn Power, West Penn Power (collectively,the First Energy Utilities) and PPL Electric filed Petitions for Reconsideration of the Implementation Order. MORE
August 22, 2012
Sixth Circuit Vacates EPA Aggregation of Gas Facilities as Illogical - Energy, Environmental and Utilities Alert - On August 7, 2012, the U.S. Court of Appeals for the 6th Circuit rejected a determination of the U.S. Environmental Protection Agency (EPA) pursuant to agency policy that functionally related gas facilities, including a sweetening plant and roughly 100 natural gas wells spread out over a 43-square-mile area, should be treated as a single “major” source for the purposes of regulation under the federal Clean Air Act (CAA). MORE
August 13, 2012
PUC Extends Energy Efficiency Program Into Second Phase, But Sets Stage For Additional Act 129 Proceedings - Energy, Environmental and Utilities Alert - On August 3, 2012, pursuant to Act 129 of 2008 (“Act 129”), the Pennsylvania Public Utility Commission (“PUC”) issued an order extending mandatory electricity consumption reduction targets in the Commonwealth into a second phase. MORE
July 26, 2012
Pennsylvania Commonwealth Court Voids Act 13 Zoning Provisions - Energy, Environmental and Utilities Alert - On Thursday, July 26, 2012, the Pennsylvania Commonwealth Court issued an order voiding those provisions of Act 13 that would have required municipalities to change their zoning rules to accommodate natural gas development activities. MORE
July 23, 2012
Recent NY Enforcement Action Highlights Need for Periodic Reviews of State Ethics Requirements - Energy, Environmental and Utilities Alert - Public utilities, as well as other entities that regularly negotiate with, appear before and attempt to influence regulators, are reminded of the importance of complying with applicable ethics laws when dealing with public officials and employees of state agencies. MORE
July 19, 2012
D.C. Circuit Upholds EPA Greenhouse Gas Regulations - Energy, Environmental and Utilities Alert - On June 26, 2012, the U.S. Court of Appeals for the D.C. Circuit upheld a suite of U.S. Environmental Protection Agency (EPA) actions related to the regulation of greenhouse gas (GHG) emissions under the federal Clean Air Act (CAA). MORE
July 05, 2012
Pennsylvania Amends Municipality Authorities Act to Restrict Authority Expenditures - Energy, Environmental and Utilities Alert - On June 27, 2012, Pennsylvania Governor Tom Corbett signed into law Senate Bill 375, which had been approved by a vote of 47-0 in the Senate on June 13 and by a vote of 196-0 in the House on June 19. The bill places certain restrictions on municipal water and sewer authorities’ ability to expend resources on activities not related to their core purpose. MORE
June 21, 2012
Philadelphia Enacts Mandatory Energy and Water Use Disclosure Ordinance for Commercial Buildings - Energy Policy Alert - To spur commercial building owners to invest in energy efficiency, Philadelphia City Council passed a mandatory energy and water disclosure ordinance on June 21, 2012. MORE
June 15, 2012
Update - NJ Assembly Environment Committee Approves Bill to Prevent Treatment of Fracking Wastes - Energy, Environmental and Utilities Alert - On the evening of June 14, the New Jersey Assembly and Solid Waste Committee approved A575. MORE
June 14, 2012
NJ Senate Committee Approves Bill Prohibiting the Treatment of Fracking Materials - Energy, Environmental and Utilities Alert - On June 7, 2012, the New Jersey Senate Environment and Energy committee unanimously approved a bipartisan bill, S.253, that aims to prohibit the treatment of waste products from hydraulic fracturing (also known as fracking), in New Jersey. MORE
May 31, 2012
Boosting Building Energy Efficiency through Energy Codes and Energy Use Disclosure Laws - Energy Policy Alert - Recent studies have shown that investment in building energy efficiency is one of the most cost effective ways to reduce energy use. McKinsey Consulting estimates that
the United States has the potential to reduce annual nontransportation energy consumption by “roughly twentythree (23%) percent … eliminating more than $1.2 trillion in waste — well beyond the $520 billion upfront investment that would be required.” MORE
May 20, 2012
EPA Issues Draft Guidance for Hydraulic Fracturing with Diesel Fuel - Energy, Environmental and Utilities Alert - Acting pursuant to its authority under the Safe Drinking Water Act (SDWA), the U.S. Environmental Protection Agency (EPA) on May 10, 2012, released draft permitting guidance for hydraulic fracturing during oil and natural gas production activities, but which applies only where diesel fuel is a component of the fracturing fluid. MORE
May 04, 2012
EPA Issues Final Emissions Standards for Oil & Natural Gas Sector - Energy, Environmental and Utilities Alert - On April 17, 2012, the U.S. Environmental Protection Agency (EPA) finalized performance and emissions standards for emissions from hydraulically fractured natural gas wells and
other source categories in the oil and natural gas sector. Specifically, the rule revises New Source Performance Standards (NSPS) under 40 C.F.R. part 60, subparts KKK, LLL and new OOOO as well as National Emissions Standards for azardous Air Pollutants (NESHAP) under 40 C.F.R. part
63, subparts HH and HHH. MORE
May 01, 2012
Pending Maryland Law Requires Largest Counties and Municipalities to Set Stormwater Management Fee - Energy, Environmental and Utilities Alert - On April 6, 2012, the Maryland Senate passed, by a 33-14 vote, SB 614 or the “Stormwater Management - Watershed Protection and Restoration Program.” MORE
March 12, 2012
Pennsylvania's Building Code Advisory Commission Votes to Reject 2012 International Construction Code, Extend Code Evaluation Cycle to Six Years - Real Estate Alert! - According to the Department of Energy's Office of Energy Efficiency and Renewable Energy, residential and commercial buildings will account for 73.2 percent of total electricity consumption and 40.1 percent of the nation's total energy consumption in 2011, with approximately half of those totals attributable to commercial buildings alone MORE
June 01, 2011
Energy Alchemy: Turning Building Energy Use into a Profit Center - Real Estate Alert! - This Alert describes various strategies that a building owner or manager might employ to reduce energy costs or even transform them into building revenues. Co-Author Shapiro is both an attorney and a LEED Accredited Professional, and maintains a blog on green building legal issues at www.greenbuildinglawblog.com. MORE
January 03, 2013
Shari Shapiro was appointed to the board of directors of the Keystone Energy Efficiency Alliance (KEEA). Shari focuses her legal practice on renewable energy, energy efficiency and green building. MORE
May 24, 2011
14-Lawyer Team Led by A. Martin Wickliff, Jr. & Alton J. Hall, Jr. Join Cozen O’Connor in Houston - Additions Enhance Firm’s Labor and Employment and Energy Law Practices MORE
December 09, 2010
Cozen O’Connor Adds Former Energy Executive and General Counsel David Zerhusen MORE
July 09, 2009
Cozen O’Connor Opens Two New Pennsylvania Offices - New Offices in Harrisburg & Wilkes-Barre MORE
June 13, 2008
Cozen O’Connor Attorney Dave Kissoon Admitted To Practice In Caribbean Commonwealth MORE
March 18, 2008
Cozen O’Connor Member Rafael Perez Named Managing Partner of Newark and Trenton Offices MORE
April 09, 2013
Ahren Tryon of the firm's Energy, Environmental & Public Utilities Practice Group spoke with Water Technology regarding threats currently facing the water/wastewater industry. MORE
September 26, 2011
Shari Shapiro quoted in Construction Today MORE
May 26, 2011
Cozen O’Connor Associate Talks to Philadelphia Inquirer About New Help for Green Businesses MORE