Energy
Whether a dispute is in the normal course of business, pending before a regulatory agency or involves a multibillion-dollar transaction, Benesch’s Energy Group has the industry insight and depth of experience to advise on, devise, negotiate and litigate solutions.
With one of the largest and most experienced energy practices in the Midwest, Benesch counsels clients on regulatory, legislative and transactional questions and other matters of strategic importance and has repeatedly prevailed in difficult commercial, commodity and regulatory disputes in and out of court.
Immersed in the industry, our lawyers understand the challenges traditional and renewable energy industry clients face. We bring that knowledge and our experience to bear when representing them before state public utility and power-siting commissions and in state and federal courts, arbitrations and mediations, investigations and enforcement actions. Additionally, our attorneys are skilled in securing intellectual property protections for emerging environmental and energy-related technologies and providing proactive legal counsel.
Unrivaled Excellence
Benesch's Energy Group includes some of the most highly regarded lawyers in the industry, including:
- Chambers Band 1-ranked Energy and Natural Resources: Regulatory
- Lawyers named 2021 and 2024’s “Lawyer of the Year - Energy Regulatory Law” by Best Lawyers in America 2021 and 2024.
- A former Administrative Law Judge and later Chief Administrative Law Judge at the Illinois Commerce Commission, the agency that regulates public utilities, including electric and gas utilities.
- A former commissioner of the Public Utilities Commission of Ohio (PUCO).
The Work We Do
Benesch represents some of the nation’s largest investor-owned electric and gas utilities, competitive retail suppliers, rural electric cooperatives, municipal utilities, natural gas pipeline operators and a wide range of unregulated public/private industrial entities in matters involving their energy use. Over the years, we have built strong relationships with key industry players that often make the difference between success and failure in litigation and corporate transactions.
Regulatory
Benesch's Energy Group represents a diverse range of clients, including some of the largest utilities in the country, natural gas pipeline operators and unregulated public and private industrial entities. We regularly advise and represent clients on issues before state regulatory commissions, from rate case proceedings to regulatory inquiries, investigations and enforcement actions. Our Energy attorneys assist with integrated resource planning, siting requirements, environmental permits and licensing, facility construction, tariff issues and interconnection and supply agreements. We also help ensure our clients fully comply with the many complex regulatory measures governing construction, facilities operation and maintenance and repair of virtually every form of energy infrastructure.
Renewable Energy Transactions
Benesch works closely with commercial and industrial customers to meet their renewable energy goals, from off-site solutions like large solar power purchase agreements to on-site solutions like combined heat and power or the capture of waste heat to financial solutions like purchasing renewable or carbon-free power. Benesch has the experience to advise on the best and most cost-effective way to achieve the client’s objective.
Litigation
Our energy litigators handle wide-ranging disputes, including regulatory lawsuits involving permitting and approvals, franchise, rate and fee issues, zoning and land use and electric power territorial disputes involving the Certified Territory Act. We also represent clients in business-related cases, such as contractual disputes involving power generation transmission and sales agreements, contracts and service agreements, facilities design and construction contracts, and insurance coverage, labor and employment, environmental and safety and health matters.
Integrating seamlessly with the other members of our Energy Group, our litigators evaluate risks and revise contracts to ensure clients are well-positioned should a future dispute arise.
Environmental Matters
Our Energy Group lawyers are well-versed in environmental matters, including permitting, licensing and general environmental compliance. We thoroughly know the existing environmental laws, regulations and marketplace responses to perceived environmental issues, particularly those not yet regulated.
Working collaboratively with our Environmental Group lawyers, we provide comprehensive transactional and compliance counsel and assist industrial and commercial companies in resolving environmental issues. We readily identify environmental law and regulatory trends, anticipate and address concerns, represent clients in rulemaking/legislative matters and resolve environmental disputes in and out of court. Developers, investors and energy industry companies turn to us to handle site audits and land use, zoning and permitting issues related to their traditional energy and renewable energy projects.
Mergers, Acquisitions and Other Transactions Support
We offer pragmatic advice about building grid infrastructure, setting utility rates and engaging in significant transactions, such as acquisitions, mergers, and dispositions, facilities co-development agreements, asset purchases and sales, joint ventures and strategic alliances. We help clients drive positive outcomes, avoid problems and resolve disputes while navigating the opportunities and challenges of the rapidly changing energy market.
Serving as counsel on projects throughout the country, we steer clients through government permitting and approvals, help them obtain tax benefits, keep their projects and business dealings on track and avoid running afoul of state and federal laws and regulations.
Real Estate
Our Energy Group attorneys regularly represent developers, utilities, midstream companies, natural gas transmission, distribution and storage companies and others, including buyers, sellers and contractors, in connection with all aspects of the development and construction of energy infrastructure projects. We advise and represent clients in real estate transactions, eminent domain, public and private right-of-way matters, and regarding a growing number of regulatory requirements. We also have significant experience in oil and gas leasing, wind farm leasing, tax considerations, and zoning and local government approvals.
Benesch lawyers are experienced throughout every phase of large-scale energy construction projects, advising on and resolving disputes regarding multibillion-dollar projects worldwide. Our experience includes traditional and emerging projects, from oil and gas, petrochemical, mining, steel plants, urban towers and other vertical construction to clean energy manufacturing facilities, desalinization plants, renewable energy, new AEC technology and collaborative arrangements such as joint ventures, teaming agreements and other strategic alliances. Attorneys in our Energy Group draft and negotiate procurement, engineering and construction agreements and operations and maintenance agreements, handle site permitting, bonding and insurance requirements and arbitrate and litigate construction disputes.
Crisis Management
In a world of around-the-clock news cycles and social media coverage, the fallout from a disaster can be worse than the actual lawsuit or investigation. At Benesch, in addition to litigating the dispute itself, we work closely with our clients to develop both immediate and long-term compliance strategies. In fact, our lawyers have advised clients in some of the largest energy-related governmental white collar investigations in the U.S. during the last five years. Other law firms also call on us to advise on projects and assist in complex energy-related lawsuits because of our vast knowledge and experience.
Legislative and Public Law
Attorneys in our firm’s Energy Group handle legislative matters affecting all aspects of the energy industry. Our hands-on involvement working with federal and state legislators on drafting legislation and submitting comments enables us to identify and address emerging issues as they develop rather than just react to changes after implementation.
Experience
- Represented an EPC contractor against a U.S. public utility on $20 Million in claims stemming from modernization and conversion of an old technology coal fired power plant. Succeeded at an ICDR arbitration on claims for scope creep, constructive acceleration, and design delays.
- Represented a global private equity fund specializing in development of renewal energy projects in a new technology plastics to fuel facility. We structured the project’s capital stack, implemented a one-off hybrid EPC delivery method, and addressed disputes with supply chain and technology providers that delayed the project’s commencement and prolonged its completion. Resolved all claims without suit or arbitration.
- Representation of a specialty contractor on $35 Million in claims against a U.S. oil major driven by owner supplied material defects and wrongful termination on a North American oil refinery project.
- Representation of a Fortune 50 global control system manufacturer in $60 Million in disputes driven by technology and operational failures in one of Canada’s largest hydroelectric power facilities.
- Representation of a utility regarding termination and replacement of its EPC contractor on a coal fired power facility in Europe.
- Representation of joint venture partner regarding a financing default and construction delays regarding a nuclear power facility in the Middle East.
- Represented the EPC against a major North American utility on $30 Million in claims for schedule lag and interference caused by a design bust and permitting issues on a combined cycle power facility. Resolved the dispute favorably in advance of ICC Arbitration.
- Representation of an EPC on $60 Million in claims on a multi-phased, fast track electrical peaking plant construction project. Resolution of the thirty (30) party dispute via bespoke ad hoc Dispute Review Board in advance of AAA Arbitration.
- Resolution of claims pre-trial between a public utility and a major equipment supplier regarding catastrophic loss of a municipal electric power facility and manage the reconstruction project.
- Represented a U.S. company specializing in design-build delivery of RNG digester facilities.
- Represented an EPC team in an adverse site conditions claim stemming from the installation of miles of overhead power lines and relocation underground of previously overhead high power cables to underground facilities. The dispute involved property right issues with two U.S. states, subcontractor defaults, termination and replacement. Resolved $40 Million in claims pre-JAMS Arbitration.
- Representation of one of the largest global suppliers of solar technology in North American on claims against it exceeding $250 million in liquidated damages caused by the Covid-19 Pandemic.
- Advised major North American energy company concerning formation of special purpose entities focusing on development of Small Modular Nuclear Reactors, hydrogen and ammonia technology.
- Representation of the constructors in a $100 million dispute between a lead contractor and technology provider as part of a joint venture to modernize a gas fired power plant. Representation of the main contractor concerning construction of a green field electric peaking plant. Representation downstream was due supply chains failures and upstream regarding delay and disruption.
- Represented a private equity fund as owner/developer in the construction of fifteen simultaneously constructed renewal natural gas (biomass) facilities. Disputes exceeding $15,000,000 USD included delay/disruption driven by allegations of EPC design defects and implementation errors.
- Representation of a global EPC in $125 million in claims related to failed delivery of a multi-phased oil transmission facility in the Middle East. Resolution via facilitated mediation during LCIA arbitration.
- Representation of private equity fund and two of its platform companies regarding $30 Million of delay and disruption claims on EPC-delivered renewable energy projects throughout North America. Management of disputes with lower tiers, public utilities and vendors.
- Representation of a major private equity fund specializing in renewable energy projects in defense of claims by early investors who claimed exclusive Asian territory rights for sales of new technology. Complete victory on motion.
- Defended Fortune 500 energy company in the Supreme Court of New York, Commercial Division against eight-figure claims of breach of contract and fraud related to the sale of generation assets.
- Obtained and collected on behalf of Fortune 500 energy company a multi-million-dollar arbitration award for breach of contract following a hearing before a three-member arbitration panel. The arbitration panel also awarded attorneys’ fees, which the Sixth Circuit affirmed.
- Representation of one of the world’s largest manufacturers of solar trackers and technology on global supply chain and construction matters.
- Representing industrial customer in construction of $4 billion facility with regard to all energy related issues, including Power Siting, negotiation with utilities, and procurement of the commodity.
- Defended Fortune 500 energy company against eight-figure breach and fraud claims related to the sale of a power plant.
- Representing Cleveland Electric Illuminating Company (“CEI”), a FirstEnergy subsidiary, in litigation challenging the constitutionality of a municipality-owned competitor’s expansion into CEI’s exclusive service territory. The challenge seeks injunctive relief prohibiting Cleveland Public Power (“CPP”), a municipal electric utility operated by the City of Cleveland, from selling outside Cleveland, arguing that Cleveland is exceeding its powers under the “home rule” amendments to the Ohio Constitution.
- Obtaining PUCO approval for an “alternative rate” which allowed immediate recovery of an investment into an intrastate gas pipeline even though its former owner failed to keep many of the records justifying the rate base of that asset.
- Representing a gas utility seeking PUCO approval for the sale of its parent company.
- Representation of Columbia Gas of Ohio in consolidated state court proceeding stemming from a natural gas explosion in Upper Arlington, Ohio.
- Representation of Columbia Gas of Ohio in consolidated state court proceeding stemming from a natural gas explosion in Portsmouth, Ohio.
- Trying case to verdict in favor of anaerobic digestor qualified as a “public utility” exempt from township zoning authority.
- Representing three electric distribution utilities in a contested multi-billion-dollar electric security plan proceeding.
- Successfully represented purchaser of small natural gas distribution utility in obtaining PUCO approval of acquisition.
- Procuring PUCO approval for the merger of four natural gas utilities.
- Successfully defending a claim on an $86 million letter of credit in a contested contractual dispute between a competitive retail electric service provider and a governmental aggregator.
- Obtaining several million in direct customer benefits for a municipal client as part of a contested Electric Security Plan proceeding.
- Negotiating numerous on and off-site solar energy related agreements, totaling over 100 MW, for municipal and industrial clients.
- Representing a competitive retail electric provider before the Ohio Supreme Court in several rate cases.
- Representing a state university regarding Power Siting Board approval for a 105.5 MW Combined Heat and Power Facility powered by natural gas. This facility will be the primary source for heat and power for the university’s Columbus campus.
- Acting as national compliance counsel for one of the country’s largest competitive retail electric service providers.
- Representing natural gas utilities in base distribution rate case proceedings. Most recently those utilities were awarded the second highest rate of return (8.12%) nationally for the two years before that decision was issued.
- Obtaining summary judgment against a municipal utility attempting to force a non-municipal resident to accept service under Ohio’s constitutional home rule provisions and Certified Territory Act.
- Representing the buyer of an intrastate pipeline company in purchase negotiations and obtaining PUCO approval of its merger into a natural gas distribution utility.
- Representing the purchaser of a publicly-traded natural gas utility holding company and obtaining PUCO approval of the associated merger transaction.
- Obtaining summary judgment for a municipal utility in a $188 million class action regarding alleged customer overcharges. The Court held for the municipal utility on all claims, and completely rejected the theory proposed by the municipal utility’s former director.
- Represented a major North American energy company after a workplace fatality at an Ohio-based substation. This included the associated OSHA, PHMSA, and Bureau of Workers’ Compensation investigations, the workers’ compensation claims, which included a request for a violation of a specific safety requirement under Ohio law, and intentional tort and wrongful death claims. All claims were settled favorably for our client.
- Representation of Columbia Gas of Ohio, Inc., in a consolidated state court proceeding stemming from a natural gas explosion that occurred at a vacant residence in Elyria, Ohio.
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Defended a nationwide putative class action brought by Schwebel Baking Co. on behalf of itself and similarly situated, large commercial and industrial customers of FirstEnergy.
- Represented Cleveland Thermal Holdings LLC in the sale of its membership interests of Cleveland Thermal LLC.
- Represented Signal Peal Energy, LLC and Wayne M. Boich in establishing a joint venture with FirstEnergy Ventures that acquired the Bull Mountain coal mining operation in the State of Montana.
- Represented a large municipal waste facility in connection with the negotiation of an LFG Development Agreement to control, collect, process and sell the landfill gas.
- Representation of a client in delay, disruption and "scope creep" claims adverse to a major U.S. energy producer.
- Representation of a prime contractor in claims for disputed extras, delay and disruption, and prolongation costs related to a $50 Million phased refinery improvements and construction.
- Representation of a Fortune 100 manufacturer of electrical and control systems in various claims related to construction of a hydro-electric power plant in Canada.
- Representation of a design-builder in the construction of critical portions of an $800 Million electric power peaking plant.
- Representation of an international contractor in the negotiation of a contract for specialty construction and support, access, security management and facility protection in the Middle East on a project built for an international oil producer.
- Representation of a domestic specialty industrial design-builder on a delay and disruption claim related to deletion of scope, and disputed termination of contracts, for a retro-fit and new construction of an oil refinery expansion in North America.
- Representation of a renewable energy company in funding opportunities and a dispute with investors.
- Advised a multinational company on Ohio requirements with respect to wind farms and wind farm leases.
- Advised various developers regarding negotiating oil and gas leases.
- Representation of a piping contractor in arbitration on added scope and delay/disruption claims related to defective owner-design of a domestic power facility.
- Representation of a specialty piping contractor in delay, disruption, and prolongation claims related to owner, designer, and upstream contractor impacts to a project that involved construction of a new technology (IGCC) power facility.
- Representation of an international EPC contractor to assist in completion of a historic, troubled oil transmission project in central Iraq. Handling of disputes involving nearly $75 Million in claims in the LCIA (London).
