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Tyler A. O'Connor

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Areas of Focus

Overview

Tyler O’Connor is an energy litigator and public policy leader in Crowell & Moring’s Washington, D.C. office, where he represents clients in the courts, in arbitration forums, and before the Federal Energy Regulatory Commission (“FERC”) and Department of Energy (“DOE”). His recent work includes advising companies on the Inflation Reduction Act and Infrastructure Investment and Jobs Act, representing clients in rulemakings and on Capitol Hill, and litigating energy disputes at FERC. Washingtonian Magazine named Tyler one of the “500 Most Influential People Shaping Policy in Washington D.C.” in 2023.

Prior to joining Crowell, Tyler served as the Energy Counsel to the House Energy and Commerce Committee, where he played a leading role in drafting the Inflation Reduction Act (IRA) and Infrastructure Investment and Jobs Act (IIJA). He was the lead House lawyer responsible for the Federal Power Act and Natural Gas Act and worked extensively on transmission, energy cybersecurity, and energy supply chain issues. His work brought him into frequent contact with senior administration officials, including at FERC and DOE, as well as congressional leadership. As the staffer responsible for emerging technologies, including hydrogen and offshore wind, as well as the Loan Programs Office, Tyler has been at the center of energy policy discussions.

In addition to helping clients navigate the IRA and IIJA, 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 proceedings and DOE enforcement actions, and in suits against the Department of Interior, Environmental Protection Agency, and the U.S. Army. In addition to his trial practice, Tyler has co-authored numerous U.S. Supreme Court and appellate briefs on energy, environmental, civil rights, torts, and other issues.

Tyler maintains a very active pro bono litigation practice. He has co-authored U.S. 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.

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.

Career & Education

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    • United States House of Representatives
      Energy Counsel, House Energy and Commerce Committee, 2021–2022
    • U.S. Court of Appeals for the Fifth Circuit
      Law Clerk, 2014–2015
    • United States House of Representatives
      Energy Counsel, House Energy and Commerce Committee, 2021–2022
    • U.S. Court of Appeals for the Fifth Circuit
      Law Clerk, 2014–2015

    • Emory University, B.B.A., with distinction, 2011
    • Emory University School of Law, J.D., magna cum laude, Order of the Coif, 2014
    • Emory University, B.B.A., with distinction, 2011
    • Emory University School of Law, J.D., magna cum laude, Order of the Coif, 2014

    • District of Columbia
    • Maryland
    • District of Columbia
    • Maryland

Tyler's Insights

Client Alert | 5 min read | 11.25.24

Clean Energy Tax Credits and After the Election - What to Expect?

Since its passage in 2022, the Inflation Reduction Act’s renewable energy tax credits have been in the crosshairs of Congressional Republicans. With many of the Tax Cuts and Jobs Act provisions expiring at the end of 2025, and a full plate of Trump and Congressional Republican Campaign promises for tax cuts in play, the Republicans have pointed to repeal of the IRA as a source of funding to pay for other tax breaks....

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Representative Matters

  • Successfully representing an independent power producer in a multi-hundred-million-dollar 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. 
  • Successfully resolving numerous rate cases at FERC on behalf of Energy Group clients. 
  • 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 DOE’s Office of Enforcement against manufacturing clients alleging violations of energy conservation standards under the Energy Policy Conservation Act. 
  • Securing victory in the U.S. 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.

Tyler's Insights

Client Alert | 5 min read | 11.25.24

Clean Energy Tax Credits and After the Election - What to Expect?

Since its passage in 2022, the Inflation Reduction Act’s renewable energy tax credits have been in the crosshairs of Congressional Republicans. With many of the Tax Cuts and Jobs Act provisions expiring at the end of 2025, and a full plate of Trump and Congressional Republican Campaign promises for tax cuts in play, the Republicans have pointed to repeal of the IRA as a source of funding to pay for other tax breaks....

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Insights

Client Alert | 5 min read | 11.25.24

Clean Energy Tax Credits and After the Election - What to Expect?

Press Coverage | 11.01.24

2024 Election Could Be Crossroads For Clean Energy Funding

Speaking Engagement | 10.24.24

"Election 2024 Playing out the Possibilities and Navigating the Shifting Landscape of Tax Policy ," 2024 Managing Tax Audits and Appeals Seminar, Washington, D.C.

Webinar | 10.17.24

Risky Business: Navigating PJM's Risk Reviews and Requirements
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Practices

Tyler's Insights

Client Alert | 5 min read | 11.25.24

Clean Energy Tax Credits and After the Election - What to Expect?

Since its passage in 2022, the Inflation Reduction Act’s renewable energy tax credits have been in the crosshairs of Congressional Republicans. With many of the Tax Cuts and Jobs Act provisions expiring at the end of 2025, and a full plate of Trump and Congressional Republican Campaign promises for tax cuts in play, the Republicans have pointed to repeal of the IRA as a source of funding to pay for other tax breaks....

View All Insights