The Energy Regulatory Group at Skadden includes attorneys with years of experience navigating the unique intersection of law, policy and industry dynamics within the energy sector. We are well equipped to represent clients in regulatory enforcement matters, litigate cases at trial and appeal, guide clients through the intricacies of regulatory frameworks, engage in policy advocacy and provide comprehensive support in mergers, acquisitions, financings and other energy transactions. Our clients span the entire energy spectrum, including conventional and renewable energy producers, utilities, project sponsors and developers, investors and technology providers.
Our Energy Regulatory Group is consistently ranked among the leading practices by Chambers USA and Legal 500. The group has been described in Chambers USA as a “top-notch firm with an extremely deep bench” that “excel[s] at integrating the knowledge of their various experts into clear and practical advice.” Additionally, Skadden has been named repeatedly among Law360’s Energy Groups of the Year (including in 2024).
Skadden’s Energy Regulatory Group, in conjunction with the firm’s litigation practices, has the breadth and depth to handle virtually all forms of complex energy litigation. Skadden represents companies in high-profile cases before FERC and the CFTC and in federal district court, and we have a leading appellate practice, representing companies seeking to overturn or defend FERC orders in the federal courts of appeals.
Our litigation experience, coupled with our broad industry knowledge and understanding of agency priorities, allows us to guide public utilities, traders and others through some of their most difficult enforcement cases investigated and prosecuted by the enforcement staff of FERC. Given the increasingly common involvement of multiple agencies in such cases, our team comprises not only attorneys in our energy regulatory practice, but also our civil ligation attorneys and members of our white collar defense and investigations practice who routinely handle enforcement actions brought by other agencies as well as the Department of Justice. We have represented companies in a wide array of enforcement matters involving market manipulation allegations, reliability enforcement, financial transmission rights, virtual trading, capacity markets, power and natural gas markets, natural gas project certificates, power plant development and operations, accounting issues, and alleged violations of tariffs and FERC’s duty of candor, among other areas.
Skadden has played a leading role in FERC and appellate proceedings regarding the design of organized power markets throughout the nation, including ISO New England, PJM, California ISO, Midwest ISO, New York ISO and other markets. Our attorneys have helped develop, defend and challenge market rules in a variety of contexts, particularly regarding capacity markets, where our clients disagree with ISO and FERC outcomes. This area of regulation is becoming increasingly important given the significant challenges confronting organized electric markets, including changes in generation resource mix, the integration of large quantities of renewable resources, and recurring market interventions and subsidies by state and local entities.