Energy - Litigation and Investigations

Our top-ranked litigation team has extensive experience representing our energy sector clients in disputes in federal and state courts and before regulatory agencies. Our litigation resources include two retired federal judges, energy specialists, general litigators, and key attorneys from our complex dispute resolution, white collar defense and investigations, and insurance recovery practices. We handle single-party, multi-party, and class action cases involving:

  • judicial and administrative challenges to grant or denial of federal and state regulatory permits and authorizations
  • royalties and rights
  • antitrust
  • criminal proceedings
  • contract disputes and other commercial litigation matters
  • management of incidents involving toxic torts or catastrophic events (e.g., pipeline explosions)
  • insurance coverage litigation for policy holders

Representative Matters

  • Represent Sunoco Logistics Partners L.P. and Sunoco Pipeline L.P. in federal litigation involving Clean Water Act and Resource Conservation and Recovery Act citizen suit claims related to an alleged petroleum release.
  • Defended a pipeline company in connection with a state and federal Clean Water Act enforcement action involving inadvertent returns associated with horizontal directional drilling.
  • Served as counsel to Shell in connection with the defense of its Clean Air Act permit issued for the Petrochemical Complex in Monaca, PA.
  • Served as counsel to BG LNG and Keyspan Corporation in the conversion of the KLNG facility in Providence, RI, from truck to marine loading, including all litigation ensuing from the denial of a permit by the FERC.
  • Served as counsel to five public utility companies in actions against the U.S. Government for the economic losses attributable to the breach of the Department of Energy’s obligation to commence removing spent nuclear fuel from nuclear power plants.
  • Served as counsel to Chevron and Ashland Oil in successfully defending mass tort cases alleging soil and groundwater contamination from oil production operations.
  • Served as counsel to an international oilfield services company in environmental and toxic tort litigation as well as groundwater contamination claims and other environmental issues arising in connection with hydraulic fracturing shale development.
  • Served as counsel to Monroe Energy LLC and provide environmental counsel in connection with EPA and State enforcement matters; also conducted an environmental compliance audit of the refinery’s terminal operations.
  • Served as counsel to a refinery in an internal investigation related to alleged criminal and civil violations of environmental laws.
  • Served as counsel to Exelon successful defending against a property damage class action relating to alleged leaks in a five-mile pipeline running from an Exelon nuclear power plant to the Kankakee River.
  • Served as counsel to a pipeline company on the remediation of several pipeline spills in New Jersey. In addition to overseeing the remediation work, including suing a municipality that ruptured the line and recovering the remediation cost for that incident; suing a power company and recovering the remediation cost for a pipeline rupture caused by a down power line. We also defended tort claims for property damage arising out of the latter incident.
  • Represented a refinery and chemical companies in conducting internal investigations of alleged violations of state and federal environmental laws, and negotiations with EPA and state environmental agencies.
  • Represent Sunoco Logistics Partners L.P. and Sunoco Pipeline L.P. before the Northumberland County Court of Common Pleas defending against state tort claims related to an alleged petroleum release.
  • Conduct an internal environmental health and safety compliance audit for a pipeline company with terminals and truck-loading operations.
  • Represent LyondellBasell Industries for more than 15 years in more than 150 cases in 17 states and the Commonwealth of Puerto Rico involving alleged contamination of groundwater and drinking water from the gasoline additive methyl tertiary butyl ether (“MTBE”). Our environmental practice handled two of the largest natural resource damages cases pending in the United States, obtained dismissals in 26 MTBE cases, and secured over $374 million in settlements and judgments from LyondellBasell’s co-defendants.
  • Serve as counsel to Schlumberger on litigation exposure and compliance related to environmental issues in connection with energy-related development.
  • Represented Hess Corporation in defense against a statewide environmental lawsuit filed by the Commonwealth of Pennsylvania against most of the major oil companies in receipt of monies to clean up petroleum releases from the Underground Storage Tank Indemnification Fund (“USTIF”), a public fund administered by the Pennsylvania Department of Insurance. Owners and operators of underground storage tanks must meet certain eligibility requirements to receive proceeds from the USTIF.
  • Represented Hovensa Petrol Refinery, a petroleum refinery on the island of St. Croix in the United States Virgin Islands that operates as a joint venture between Hess Corporation and Petroleos de Venezuela, in connection with a series of environmental toxic tort cases pending in the United States, involving nearly 800 individual plaintiffs and several hundred properties.