Energy Law - Appellate
Crowell & Moring's extensive representation of energy industry clients with major interests in issues decided by the Federal Energy Regulatory Commission (FERC) has led to a very active appellate practice in the United States Court of Appeals for the District of Columbia Circuit and in most of the other eleven Courts of Appeals where FERC orders can be reviewed.
Our appellate caseload includes both our representation of clients seeking court action to revise or reverse a FERC decision and advocacy on behalf of "intervenor" clients seeking to defend a FERC policy or decision in which our client's position was upheld. Our appellate brief writing, oral argument and strategy responsibilities are typically undertaken by a team of specialists working closely with our client's representatives. The C&M team, where appropriate, may include lawyers with extensive appellate experience and/or experience as a law clerk at either a US Court of Appeals or the US Supreme Court.
Our record as appellate advocates includes the following highlights:
During the past 20 years, our attorneys have represented clients in connection with 45 Court of Appeals decisions and 3 US Supreme Court rulings involving federal energy policy decisions. Illustrative citations from this experience include the following cases:
- Tennessee Valley Mun. Gas Ass'n v. F.E.R.C., 140 F.3d 1085 (DC Cir. 1998)
- Baltimore Gas & Elec. Co. v. F.E.R.C. 26 F.3d 1129, 307 US App. DC 65 (DC Cir. 1994)
- Associated Gas Distributors v. F.E.R.C., 893 F.2d 349 (DC Cir. 1989)
- Maryland People's Counsel v. F.E.R.C., 761 F.2d 768 (DC Cir. 1985)
- F.E.R.C. v. Martin Exploration Management Co., 486 US 204 (1988)
During the past 40 years, our attorneys have presented arguments in each major case involving the natural gas industry's regulatory evolution from the era of gas producer wellhead price controls (from 1967 to 1978) to the mandate for natural gas pipeline unbundling and restructuring. Illustrative citations from this experience include the following decisions:
- Skelly Oil Co. v. F.P.C., 375 F.2d 6 (10th Cir. 1967), reversed, Permian Basin Area Rate Cases, 390 US 747 (1968) (Area rates for gas producers wellhead sales; affirmed)
- Shell Oil Co. v. F.P.C., 520 F.2d 1061 (DC Cir. 1975) (National rates for producer wellhead sales; affirmed)
- State of North Carolina v. F.E.R.C., 584 F.2d 1003 (DC Cir. 1978) (Opinion upholding ground rules established for F.E.R.C. authority over natural gas pipeline service curtailment)
- Associated Gas Distributors v. F.E.R.C., 824 F.2d 981 (DC Cir. 1987) (Opinion vacating F.E.R.C. Order No. 436 restructuring of natural gas industry)
- United Distribution Companies v. F.E.R.C., 88 F.3d 1105 (DC Cir. 1996) (Opinion remanding in part Order No. 636 restructuring of natural gas industry)
Please see our Appellate practice for more information.