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 has successfully represented clients in bet-the-company litigation, including in multi-hundred 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, civil rights, 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
Speeches & Presentations
Publications
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"Now Is The Time For Carbon Capture Projects," Bloomberg Tax Management Memorandum
(March 1, 2021).
Authors: David B. Blair, Larry F. Eisenstat, Carina C. Federico, and Tyler A. O'Connor.
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"Energy Cybersecurity Act of 2019," Crowell & Moring's Data Law Insights
(February 10, 2020).
Authors: Evan D. Wolff, Jeffrey L. Poston, Kate M. Growley, CIPP/G, CIPP/US, Maida Oringher Lerner, Tyler A. O'Connor and Amber Mulcare, CIPP-US.
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"Refreshed Efficiency Regulations May Impact Appliance Cos." Law360
(March 15, 2019).
Authors: Richard Lehfeldt, Matthew B. Welling and Tyler A. O'Connor.
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"EPCA Compliance: What Appliance Manufacturers (and Importers) Need to Know," Crowell & Moring's Retail & Consumer Products Law Observer
(February 21, 2019).
Authors: Richard Lehfeldt, Matthew B. Welling and Tyler A. O'Connor.
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"Litigation Forecast 2017: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 18, 2017).
Creator and Editor: Mark A. Klapow. Associate Editors: Tyler A. O'Connor and Christie L. Stahlke.
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"Space Race Starts Anew as Virgin Galactic Files Trade Secrets Claims Against Rival," Crowell & Moring's Trade Secrets Trends
(October 20, 2016).
Author: Tyler O'Connor.
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"Texas Supreme Court Issues First Texas Uniform Trade Secrets Act Decision," Crowell & Moring's Trade Secrets Trends
(May 23, 2016).
Authors: Anne Elise Herold Li and Tyler A. O'Connor.
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"Recent Case Highlights Circuit Split on Important Computer Fraud and Abuse Act Question," Crowell & Moring's Trade Secrets Trends
(May 17, 2016).
Authors: Mark A. Klapow, Anne Elise Herold Li, and Tyler A. O'Connor.
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"The Potentially Sweeping Effects of EPA's Chesapeake Plan," Law360
(February 12, 2016).
Authors: Richard E. Schwartz, David Chung, and Tyler O'Connor.
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American Law of Mining, 2nd Edition §§ 185-186
(2015).
Contributor: Tyler A. O'Connor.
Client Alerts & Newsletters
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"Appliance Manufacturers Should Prepare for Increased DOE Enforcement Activity,"
Energy Law Alert
(January 8, 2021).
Contacts: Tyler A. O'Connor, Matthew B. Welling, Charlene Sun, Cheryl A. Falvey
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"Climate Change Will Be Front and Center in 2021, Regardless of the Nov. 3 Results,"
Environment & Natural Resources Law Alert
(November 2, 2020).
Contacts: Robert Holleyman, Himamauli Das, David B. Blair, Thomas A. Lorenzen, Amanda Shafer Berman, Tyler A. O'Connor
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"Election 2020: The DNC and RNC Conventions Present Stark Contrast on Energy and Environmental Agendas,"
Biden First 100 Days Series
(August 28, 2020).
Contacts: Byron R. Brown, Paul Freeman, Tyler A. O'Connor
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"States and Major Environmental and Consumer Organizations Threaten to Sue the Department of Energy Over Alleged Delays in Issuing Energy Efficiency Standards,"
Energy Law Alert
(August 13, 2020).
Contacts: Cheryl A. Falvey, Tyler A. O'Connor, Matthew B. Welling, Charlene Sun
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"Does FERC Encourage QFs Anymore?,"
(July 21, 2020).
Contacts: Larry F. Eisenstat, Patricia M. Alexander, Deborah A. Carpentier, Laura Szabo, Diana A. Jeschke, Tyler A. O'Connor
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"Department of Energy Solicits Comments on Energy Efficiency Standards for External Power Supplies,"
Energy Law Alert
(May 29, 2020).
Contacts: Tyler A. O'Connor, Matthew B. Welling, Charlene Sun
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"Mexican COVID-19 Measures Imperil Foreign Investments in Renewable Energy Projects – Are International Arbitration Claims Imminent?,"
International Dispute Resolution Alert
(May 19, 2020).
Contacts: Larry F. Eisenstat, Ian A. Laird, Jeffrey L. Snyder, Tyler A. O'Connor, Eduardo Mathison
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"Department of Energy Solicits Comments On Energy Efficiency Test Procedures for Battery Chargers,"
Energy Law Alert
(May 11, 2020).
Contacts: Tyler A. O'Connor, Matthew B. Welling, Cheryl A. Falvey, Charlene Sun
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"Manufacturers Beware: Your Battery Chargers May Be Regulated By DOE,"
Energy Law Alert
(July 15, 2019).
Contacts: Tyler A. O'Connor, Matthew B. Welling
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"Department of Energy Issues Third Request for Information on Proposed Changes to its Appliance Standards Program,"
Energy Law Alert
(October 30, 2018).
Contacts: Matthew B. Welling, Tyler A. O'Connor
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"Department of Energy Issues Second Request For Information (RFI) on Proposed Changes to its Appliance Standards Program,"
Energy Law Alert
(December 8, 2017).
Contacts: Matthew B. Welling, Tyler A. O'Connor
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"Department of Energy Solicits Comments on A Major Reset of its Appliance Standards Program,"
Energy Law Alert
(December 1, 2017).
Contacts: Matthew B. Welling, Tyler A. O'Connor
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"EPA Announces New Policy Regarding "Sue and Settle","
Environment & Natural Resources Law Alert
(October 24, 2017).
Contacts: Thomas A. Lorenzen, Tyler A. O'Connor
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"Implementing the Energy Independence Executive Order,"
Environment & Natural Resources Law Alert
(April 18, 2017).
Contacts: Jennifer A. Giblin, Tyler A. O'Connor
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"States Take Diverging Approaches to Renewable Portfolio Standards,"
Energy Law Alert
(April 18, 2017).
Contact: Tyler A. O'Connor
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"Ryan Zinke Confirmed as Secretary of the Interior After Setting Forth Policy Views Supporting U.S. Resource and Energy Development,"
Environment & Natural Resources Law Alert
(March 1, 2017).
Contacts: R. Timothy McCrum, Daniel W. Wolff, Kirsten L. Nathanson, W. Scott Douglas, David Chung, Tyler A. O'Connor
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"Scott Pruitt Confirmed as Administrator of the Environmental Protection Agency,"
Environment & Natural Resources Law Alert
(February 17, 2017).
Contacts: Elliott P. Laws, Thomas A. Lorenzen, Robert Meyers, W. Scott Douglas, Kirsten L. Nathanson, R. Timothy McCrum, David Chung, Tyler A. O'Connor
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"D.C. City Council Amends Renewable Portfolio Standard to Increase Solar Mandate,"
Energy Law Alert
(August 3, 2016).
Contact: Tyler A. O'Connor
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"The DAO Hack Provides Lessons for Companies Using Blockchain and Distributed Ledger Technology,"
Privacy Law Alert
(June 27, 2016).
Contacts: Evan D. Wolff, Matthew B. Welling, Tyler A. O'Connor
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"Eighth Circuit Invalidates Minnesota’s Climate Change Law,"
Climate Law & Environmental Finance Update
(June 20, 2016).
Contacts: Thomas A. Lorenzen, Tyler A. O'Connor
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"FAR Council Begins Process to Integrate Climate Risk Disclosure into Federal Procurement Regulations,"
Climate Law & Environmental Finance Update
(May 25, 2016).
Contacts: Peter Eyre, Tyler A. O'Connor
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"OSHA Finalizes Workplace Recordkeeping and Reporting Rule,"
Environment & Natural Resources Law Alert
(May 12, 2016).
Contacts: Daniel W. Wolff, Tyler A. O'Connor
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"SEC and G20 Financial Stability Board Seeking Comment on Climate Risk Disclosure Requirements,"
Climate Law & Environmental Finance Update
(April 21, 2016).
Contacts: Thomas A. Lorenzen, Tyler A. O'Connor
Media Mentions
Firm News & Announcements