Our litigation attorneys have successfully resolved some of the most high-profile and complex disputes in the energy sector. Our energy litigation team includes trial lawyers experienced with a broad range of complex commercial, tort and regulatory disputes arising out of the exploration, production, distribution, marketing and trading of all forms of energy, including electricity, oil, gas, nuclear and coal, as well as wind, solar, biofuels, ethanol and hydropower. Our energy litigators also handle high-profile challenges to federal regulations and enforcement actions before federal and state regulators.
Our attorneys represent clients before state and federal courts throughout the country, in domestic and international arbitrations, and before state and federal regulatory agencies. Our in-depth understanding of the energy and natural resources industry enables us to provide comprehensive, cost-efficient advice to our clients in connection with the full range of litigation challenges that confront them, including complex commercial disputes, oil and gas royalty and operations disputes, lease disputes, price manipulation investigations and class actions, personal injury tort claims, environmental and real property damage claims, securities claims and criminal investigations.
Complex Commercial Litigation
Our commercial litigation representations include matters of extraordinary complexity, such as nationwide class actions, parallel civil and administrative proceedings, and multidistrict and multistate litigation. We have wide-ranging experience in diverse business-to-business and consumer-to-business disputes such as breach of contract, business torts, antitrust and price manipulation claims, false advertising and unfair competition, bankruptcy and real estate-related claims.
Combining attorneys skilled in products liability, class actions, OSHA and environmental litigation, we bring a unique mix of talents in defending a toxic tort claim. We have a proven track record of successfully defending both mass tort and class action litigation in both state and federal courts and are experienced in handling multiple related class actions, including working efficiently with co-counsel to defend claims against multiple defendants where mutual interests have been identified.
Regulatory and Administrative Actions
Energy companies facing an increasingly complex regulatory landscape rely on our extensive experience representing numerous heavily regulated industries through all aspects of the federal rulemaking process, including, where necessary, litigation. We harness the resources of our legal, government relations, public relations and economic teams to develop effective cross-cutting responses to proposed regulations. Among other energy-related statutes, we have litigated on many occasions under the Federal Power Act, the Clean Water Act, the Endangered Species Act and the National Environmental Policy Act. We have successfully defended oil refinery clients in EPA enforcement actions alleging violations of NSPS, NESHAP and New Source Review regulations.
Our attorneys represent and advise utilities, oil and gas companies, power marketers and market participants on a multitude of issues related to regulatory statutes, rules, regulations and orders. We represent energy clients in multiple courts and administrative agencies including the Commodity Futures Trading Commission (CFTC), the Securities and Exchange Commission (SEC), the Federal Energy Regulatory Commission (FERC), the Nuclear Regulatory Commission (NRC) and the U.S. Department of Justice (DOJ) in enforcement matters involving alleged violations of those agencies rules and regulations.. We also help our clients create and implement compliance programs, and work with them to spot and eliminate potential issues.
Landowner/Leaseholder and Operating Disputes
Lease and operating agreements are often the source of a variety of legal disputes between oil companies and landowners. Kelley Drye attorneys have represented both landowners and leaseholders in a wide range of disputes involving oil field operations, royalty payments, cost deductions, title disputes, trespass and property damages, and product marketing disputes.