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Energy Litigation

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Overview

Our Clients

Katten's Energy Litigation practice represents public and private energy companies engaged in oil and gas exploration and production, transportation, refining, power generation, and alternative energy.

Our Services

Our attorneys have the breadth and depth of experience to handle all phases of litigation in energy disputes involving contracts, business torts, joint operating agreements, production agreements, refining, marketing, processing and transportation, antitrust, environmental, royalty, asset purchase and sale agreements, storage facilities, title, and pipeline construction. We serve as national and regional counsel, coordinating with local and other outside counsel to bring the best possible conclusion to complex and multiple jurisdiction actions. Our team has litigated matters in state and federal courts, courts of appeals, the US Supreme Court, and national and international arbitrations.

Trial and Appellate

Our clients benefit from our deep trial bench. Many Katten lawyers have held positions at the US Department of Justice and other state and federal government agencies and prosecutorial divisions. Given our broad trial and appellate experience, we quickly assess cases and litigate matters to conclusion.

Environmental and Workplace Safety

Our Energy Litigation attorneys have worked on cases involving complex environmental issues in civil and criminal enforcement defense, citizen suits, toxic tort litigation, Superfund matters, appeals of federal agency rulemakings, environmental crisis management and high-dollar cost-recovery cases. We have litigated before all tribunals on behalf of the Renewable Fuels Association, Fine Particulate Litigation Group, Texas Oil & Gas Association, Auto Industry Forum, American Petroleum Institute, National Petrochemicals & Refiners Association, National Association of Manufacturers and American Chemistry Council.

White Collar

Our attorneys handle internal corporate investigations, whether prompted by a whistleblower or media reports, triggered by a grand jury or administrative subpoenas, or undertaken solely at the request of our clients. We respond to grand jury and administrative subpoenas and coordinate investigations with complex parallel proceedings ranging from civil class action litigation to foreign investigations, including multidistrict litigation and opt-out actions. Many of our lawyers have served in significant positions within regulatory and prosecutorial agencies. Our attorneys have achieved marked success in complex, high-visibility white collar trials and appeals.

Regulatory

Katten's Energy Litigation team helps clients navigate the rapidly changing regulatory environment in the energy industry. We represent energy companies before a variety of state and federal agencies, including the Federal Energy Regulatory Commission (FERC), US Nuclear Regulatory Commission (NRC), Railroad Commission of Texas (RRC), and US Commodity Futures Trading Commission (CFTC). Our team has the depth and understanding of the critical strategies necessary to work with the various energy-related regulatory agencies.

Katten's Energy Litigation practice has a proven track record of success. We believe our litigation victories are not only measured by success in the courtroom but also through results that provide value and long-term benefit to our clients. This makes Katten a better business partner.

Experience
Trial and Appellate
  • Representation of client in lawsuit involving preferential rights under oil and gas joint operating agreements and corresponding indemnity rights as between sellers and purchasers of the oil and gas assets. Case settled.
  • Representation of clients in numerous oil and gas-related matters involving leasehold termination, royalty and joint operating agreement disputes.
  • Representation of one of the country's largest natural gas energy and petroleum companies in an arbitration involving a licensing dispute for the digitization of well logs; case settled.
  • Representation of an oil field services company in connection with US DOJ and SEC investigation into alleged violations of the Foreign Corrupt Practices Act.
  • Representation of one of the world's largest oil and gas seismic technology companies in a case of first impression under Texas law involving negligence and warranty issues arising out of a software defect.
Environmental
  • Representation of one of the largest independent US liquids terminal and pipeline operators in an internal investigation related to the alleged chemical exposure of an employee during maintenance on a storage tank at a terminal.
  • Representation of an energy company in OSHA investigation into fire at storage terminal that resulted in a fatality and subsequent enforcement.
  • Representation as one of the lead lawyers conducting a special investigation into corporate safety culture and corporate safety oversight at BP's five North American refineries on behalf of an independent panel of experts (BP US Refineries Independent Safety Review Panel) chaired by former US Secretary of State James A. Baker III.
  • Representation of an energy company in connection with inspections and subsequent enforcement by OSHA under the Petroleum Refinery Process Safety Management National Emphasis Program.
  • Representation of the Renewable Fuels Association (RFA) in the US Court of Appeals for the Ninth Circuit, defending the district court's ruling in favor of the RFA that California's Low Carbon Fuel Standard program violates the dormant Commerce Clause by discriminating against out-of-state corn-derived ethanol while favoring in-state corn ethanol and impermissibly regulating extraterritorial conduct.
  • Representation of one of the largest energy infrastructure companies in North America in a case regarding a childhood leukemia cluster allegedly caused by a leaky pipeline carrying jet fuel.
  • Defense of client against toxic tort, property damage and medical monitoring claims, as well as claims under California's Proposition 65, resulting from the release of gasoline and diesel fuel from a pipeline owned and operated by our client that passed through plaintiffs' town.
  • Defense of a pipeline owner and transporter of fuels, one of several named defendants, against wrongful death actions which asserted that chemicals released into the environment by defendants, either singularly or in combination, caused the subject pediatric cancers.
  • Counsel in connection with conducting an internal investigation for a pipeline company regarding DOT whistleblower allegations.
Regulatory
  • Representation of supermajor in multi-agency investigation following refinery fire, including before the CSB, EPA, OSHA, and other state and local agencies.
  • Representation of a large domestic public utility company in its petition before the US Supreme Court for a writ of certiorari to review a lower court's decision on the constitutionality of a Federal Energy Regulatory Commission ruling.
  • Representation of client in administrative contested case hearing and district court and appeals court appeals. Successfully obtained a Texas Clean Air Act preconstruction permit for an 800-megawatt coal-fired electric generating facility with a CO2 capture unit.
  • Representation of a Houston-based energy company on permitting and regulatory compliance associated with development of new pipeline compressor stations and a new LNG facility in Texas.
Energy Litigation

Recognition

Law360
Environmental Group Of The Year, 2014
National Law Journal, Elite Trial Lawyers 2015
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Recognition

Environmental Group Of The Year, 2014
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