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Corporate Counsel Litigation Forum: The Changing Electric Utility Industry – The Litigation Risks Ahead

April 28, 2015 • Webinar

Starts: 2:00 PM (Eastern)
Ends: 3:00 PM (Eastern)

Please click here for a copy of the presentation.

The electric industry in the U.S. is in the midst of a generational shift, and transformational change is on our doorstep. Disputes among stakeholders, and ensuing litigation, is brewing on several fronts. Emerging energy technologies are creating opportunities for both new and traditional utility players. Consumers are gaining increased control to customize their electric energy consumption to meet cost and environmental objectives. These developments are changing the traditional utility business model and outpacing reforms to the decades-old federal and state regulatory scheme.

This session will review a series of litigation cases that highlight the growing jurisdictional tension created by these changing market dynamics, and the potential litigation risks being exposed by new intersections of energy, environmental, and advanced technology regulatory regimes, including:

  • The uncertainty surrounding the EPA's proposed Clean Power Plan (CPP) to reduce greenhouse gas emissions, and the states' implementation of that Plan (e.g. carbon pricing, clean energy, energy efficiency, distributed generation).
  • Recent cases dealing with state-federal jurisdictional disputes over resource planning, and how different policies may create new challenges for states, markets and investors.
  • The FTC's ongoing investigation of marketing practices of distributed generation providers such as rooftop solar vendors, and regulatory and judicial litigation involving the regulatory treatment of disruptive technologies in general.
Crowell & Moring Participant(s):
Larry F. Eisenstat
Partner – Washington, D.C.
Phone: +1 202.624.2600