Major utility companies face a host of challenges from complying with ever-changing environmental regulatory requirements; managing the threat of environmental interest group and agency litigation; seeking cost-effective, responsive remediation of environmental contamination; and complying with renewable energy goals or requirements.
Taft’s energy attorneys are well positioned to advise utility clients on a wide range of projects. Our team has extensive scientific and technical knowledge about how utility plants and their infrastructure operate. Clients rely on our team’s tested knowledge to advise on optimal regulatory compliance paths, to assist with rate recovery strategies and address environmental litigation and remediation issues if they arise.
We are experienced arranging unique bilateral arrangements between electric consumers and providers. Additionally, Taft’s attorneys have represented clients in negotiating and reviewing mercantile customer arrangements for integrating energy efficiency measures into renewable energy portfolio standards.
Our energy attorneys have experience assisting clients with issues, including:
- Regulatory compliance and permitting involving state and federal requirements governed by the Clean Air Act, Clean Water Act, RCRA and CERCLA.
- Civil enforcement, citizen suit, toxic tort, contract and rate recovery litigation.
- Criminal defense involving environmental matters.
- Assist in obtaining insurance coverage for environmental liabilities.
- Assist in developing public messaging and media communications.
- Conduct environmental audits.
- Develop and implement environmental action plans for emergency situations.
- Development and permitting of renewable energy projects.
- Real estate and eminent domain transactions involving transmission and distribution matters.
Taft’s energy attorneys are able to draw upon the experience and knowledge of other practice group attorneys, including the firm’s environmental and real estate attorneys.
- Represent utilities such as Duke Energy across the country (Indiana, Ohio, Kentucky, Wisconsin, Iowa, Illinois, North Carolina, South Carolina, and Florida) in regulatory compliance, permitting, environmental remediation, and litigation matters.
- Represented clients in New Source Review and Prevention of Significant Deterioration litigation in several states. See Sierra Club v. Duke Energy Indiana, Inc., 2010 WL 3667002, No. 1:08-cv-437-SEB-TAB (S.D. Ind. 2010); In the matter of Objection to Issuance of Significant Source Modification Permit (Cause No. 08-A-J-4066, Indiana Office of Environmental Adjudication) (administrative litigation regarding a $3 billion facility's BACT and emission netting permit challenges); Sierra Club v. Wisconsin Power and Light Company (Case No. 3:10-cv-00511-wmc, United States District Court, Western District of Wisconsin); Sierra Club v. Wisconsin Power and Light Company (Case No. 2:10-cv-00835-aeg, United States District Court, Eastern District of Wisconsin); United States EPA and Sierra Club v. Interstate Power and Light Company (pre-litigation matters); and U.S. v. Cinergy et. al. (S.D. Ind. 1999).