Energy Policy + Legislation
We support our energy clients in shaping federal and state laws and policies through our robust Energy Policy + Legislation practice. From cybersecurity measures to emerging energy developments, we offer in-depth coverage, strong analytical capability, and access to key decision-makers.
Our Energy Policy + Legislation practice works hard to help our clients anticipate, prepare for and respond to congressional activities by using a combination of political and substantive defenses and responses. We are a highly experienced team, and we provide analysis, drafting and advocacy that move laws and policymaking in the proper direction. We have relationships with key policymakers and are well-positioned to influence the evolution of energy policy, and we help our clients effectively monitor emerging developments and trends.
Many of our attorneys have spent part of their careers inside government. Some have served as Capitol Hill legal counsel, as senior officials in the U.S. presidential administration, with the Federal Energy Regulatory Commission (FERC), and in state governments. We continue to have positive working relationships with officials at the White House, in Congress, in state legislatures and state public service commissions, and in federal agencies including FERC, the Department of Energy (DOE), the U.S. Securities and Exchange Commission (SEC), the Environmental Protection Agency (EPA), the Internal Revenue Service (IRS), and the Treasury.
Through our direct engagement with Congress and the administration, we are ready to influence energy policy on behalf of our clients on many emerging and hot-button issues, such as cybersecurity, often before measures are issued or enacted.
We have significant experience in the following areas:
- Reliability legislation: We drafted the first version of the reliability standards legislation and remained engaged in drafting revisions until the language was ultimately passed as part of the Energy Policy Act of 2005 (EPAct 2005).
- Renewable energy support: We serve as counsel to the U.S. Partnership for Renewable Energy Finance, a project of the American Council on Renewable Energy. We are also working on issues relating to the extension of the production tax credit and the investment tax credit, as well as other provisions relating to renewable energy.
- General Federal Power Act issues: We provide legislative counsel and advice to utility companies regarding various issues arising under the Federal Power Act and related legislation, including transmission access and cost recovery.
- Climate change: We have been involved in climate change legislative and regulatory proceedings since the early 1990s, and have served as counsel in many of the landmark climate change proceedings and lawsuits.
- Clean coal technology: We helped negotiate the drafting of the investment tax credit (ITC) for advanced coal technologies that was included in EPAct 2005.
- Cybersecurity: We are currently engaged in a range of issues, including the development of cybersecurity legislation in the U.S. House of Representatives and the Senate. With respect to cybersecurity legislation, we have lobbied on provisions involving information sharing, emergency authority, and liability protections. We advised a large trade association regarding proposed cybersecurity legislation and participation on the Electricity Subsector Coordinating Council and advised an electric utility on proposed cybersecurity legislation and the SAFETY Act.