Tyler A. O'Connor

Counsel
Washington, D.C.
toconnor@crowell.com
Phone: +1 202.624.2929
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Tyler O’Connor is an energy litigator in Crowell & Moring’s Washington, D.C. office, where he represents clients in the federal appellate and trial courts, arbitration, state court, and before the Department of Energy, Federal Energy Regulatory Commission, and the Department of Interior.

Tyler represents energy industry clients in civil litigation, enforcement matters, and in disputes against the government. He helps clients avoid litigation whenever possible but is prepared to secure victory in the courts or before administrative agencies when required. He has successfully represented clients in bet-the-company litigation, including in multihundred million dollar contract disputes, in FERC and DOE enforcement actions, and in suits against the Department of Interior, EPA, and the Army. In addition to his trial practice, Tyler has co-authored numerous Supreme Court and appellate briefs on energy, environmental, torts, and other issues.

Representative engagements include:

  • Successfully representing an independent power producer in a multi-hundred million power purchase agreement dispute with a large California utility.
  • Securing multiple TROs in state court over the course of one-month in bet-the-company litigation on behalf of a company that develops financial products for energy merchants and commodity trading firms.
  • Successfully representing a battery storage developer in a FERC dispute involving PJM’s recalibration of its methodology for compensating energy storage projects.
  • Obtaining a significant damages award on behalf of a client in a multijurisdictional dispute involving breach of contract and allegations of fraud, ultimately resulting in a favorable global settlement for our client.
  • Representing a pipeline in a non-public FERC Office of Enforcement investigation, which was resolved without any further action by the agency. 
  • Resolving claims by the Department of Energy’s office of enforcement against manufacturing clients alleging violations of energy conservation standards under the Energy Policy Conservation Act.
  • Securing victory in the Court of Federal Claims on the theory that the government effectuated a taking of a real-estate developer’s property in violation of the Fifth Amendment to the U.S. Constitution.

In addition to litigation, Tyler represents renewable energy developers in their development, financing, and disposition of solar and wind assets. He also represents corporate buyers in their negotiation of renewable power purchase agreements.

Tyler maintains a very active pro bono litigation practice. He has co-authored Supreme Court and D.C. Circuit amicus briefs on behalf of the American Bar Association and NAACP Legal Defense and Education Fund, respectively; served as co-counsel with the ACLU in securing a major First Amendment victory at the U.S. Court of Appeals for the Fourth Circuit; first-chaired a criminal jury trial in Maryland state court on behalf of an indigent client; and counsels refugees seeking asylum in the United States.

Prior to joining the firm, Tyler clerked for the Honorable Catharina Haynes on the U.S. Court of Appeals for the Fifth Circuit. Tyler received his J.D. magna cum laude and Order of the Coif in 2014 from the Emory University School of Law, where he was a member of the school’s law review.


Affiliations

Admitted to practice: District of Columbia, Maryland


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Firm News & Announcements

Jan.02.2020 Crowell & Moring Elects Eight New Partners and Promotes Seven to Senior Counsel and 26 to Counsel Positions
Dec.11.2019 The Financial Times Names Crowell & Moring Finalist in 2019 Innovative Lawyers Report for North America
Jul.12.2019 Crowell & Moring and ACLU Achieve Victory in Free Speech Case Challenging Gag Orders Imposed on Survivors of Police Abuse in Baltimore
Jun.27.2019 DEAL NOTE: Crowell & Moring Assists Clearway Energy, Inc. in the Repowering of Two Wind Energy Projects
Feb.07.2018 DEAL NOTE: Crowell & Moring Client NRG Yield, Inc. Enters into Agreements to Acquire Gas-Fired and Solar-Generating Facilities from NRG Energy, Inc.
Nov.17.2017 DEAL NOTE: Crowell & Moring Client NRG Yield, Inc. Acquires 38 MW Solar Portfolio from NRG Energy, Inc.
Sep.27.2017 DEAL NOTE: Crowell & Moring Client Georgetown University Enters Into Power Purchase Agreement with Origis Energy USA
Feb.28.2017 Deal Note: Crowell & Moring Client NRG Yield, Inc. Enters into Agreement to Acquire Interests in Solar Generating Facilities from NRG Energy, Inc.
Feb.21.2017 Litigation Note: Crowell & Moring Wins Eight-Figure Damages Award for O1 LLC in Arbitration
Sep.09.2016 Deal Note: Crowell & Moring Client NRG Yield, Inc. Acquires Full Ownership of Solar Generating Facility from NRG Energy, Inc.