Robert S. Fleishman
Overview
Robert Fleishman is a retired corporate partner in the Washington, D.C., office of Kirkland & Ellis LLP. Robert has a leading reputation having advised companies on the energy regulatory and compliance aspects of transactions and other energy market activities and defended energy and financial industry participants and individuals in energy markets against charges of market manipulation, particularly before the Federal Energy Regulatory Commission (FERC), the Commodity Futures Trading Commission (CFTC), and other regulatory bodies. He advised clients on energy regulatory, transactional, M&A, financing, bankruptcy restructuring, capital markets, and commercial matters across the energy sector, including electricity, natural gas, oil, oil and products pipelines, renewable energy resources, energy storage, and distributed energy resources.
He has been recognized in energy regulatory law by Chambers Global (2022–2024), Chambers USA (2010–2023), Best Lawyers in America, Energy (2007–2022), and The Legal 500 US (2008–2010; 2012–2013; 2015–2023). Robert was named by The National Law Journal to its list of 2017 Energy & Environmental Trailblazers, was honored by the Energy Bar Association (EBA) with the EBA President's Award (2019) and the Paul E. Nordstrom Service Award (2016), and also received the Center for the Advancement of Energy Markets Service Award (2005). Robert served as Editor-In-Chief of the Energy Law Journal from 2005–2019, and is a past President of the Energy Bar Association.
Experience
Representative Matters
Since joining Kirkland, Robert has been involved in the following matters:
- Advised a range of solar, wind, LNG, and gas-fired generation developers, sponsors, financiers, and investors on the federal and state energy regulatory aspects of transactions.
- Represented Basalt Infrastructure Partners in its definitive agreement to acquire Xpress Natural Gas, a fully integrated Compressed Natural Gas provider operating in the United States and Canada.
- Advised a provider of renewable energy services, on potential litigation from the Illinois Attorney General.
- Represented Thoma Bravo, a leading private equity firm focused on the software and technology-enabled services sector, on its acquisition of RealPage Inc., a leading global provider of software and data analytics to the real estate industry, in a $10.2 billion all-cash transaction.
- Represented Blackstone Energy Partners in its acquisition of NRStor, a North American battery-storage developer.
- Represented TRC Companies in its acquisition of Lockheed Martin Energy's Distributed Energy Solutions group.
- Represented Lake Charles LNG before DOE in proceedings regarding applications for deadline extensions to commence export operations of LNG.
- Represented Hilcorp Alaska in its $5.6 billion acquisition of BP’s upstream and midstream business in Alaska.
- Represented ETRACOM and Michael Rosenberg in a FERC Enforcement market manipulation investigation, show cause proceeding, federal district court litigation, and settlement.
- Served as counsel to a working group (Advancing Contracts in Energy Storage) focused on standardization of energy storage contracts and related materials with respect to financing.
- Represented a major pipeline and trading company in a FERC Enforcement investigation regarding Winter Storm Uri.
- Represented energy companies and traders in Commodity Future Trading Commission (CFTC) and FERC non-public enforcement investigations.
- Advised and trains energy companies and others on FERC, CFTC, and Dodd-Frank compliance matters.
- Advised a major technology company on FERC and CFTC compliance and commercial matters.
- Represented Sentinel Midstream on Texas GulfLink, its proposed Deepwater Crude Oil Export Terminal located near Freeport, Texas and related midstream infrastructure project, which is being financed in partnership with Cresta Fund Management.
- Represented the lenders, led by Investec, Nomura, Industrial and Commercial Bank of China and China Merchants Bank, in the $369 million financing for Red Oak Power LLC.
- Represented the lenders, led by Credit Agricole and Investec Bank, in the financing of the 644MW Bayonne Energy Center gas-fired power project in New Jersey.
- Advised Salt Creek Midstream, LLC on its 50/50 joint venture with Noble Midstream Partners LP (NYSE: NBLX).
- Represented BlackRock, GSO Capital Partners and Magnetar Capital as lead purchasers of $1,100 million of newly issued Series A Convertible Preferred Units of EQM Midstream Partners, LP
- On a pro bono basis, led a team of lawyers working with engineers and others to develop and finance a community microgrid in the Lower East Side of Manhattan (Beyond the Grid).
Prior to joining Kirkland, Robert was involved in the following matters:
- Represented Energy Transfer Partners in investigations by FERC and CFTC regarding market manipulation and ETP and Oasis Pipeline at FERC in the show cause litigations and settlement proceedings.
- Represented J.P. Morgan in a FERC non-public enforcement investigation and settlement involving alleged manipulation of electricity markets.
- Represented an energy company in a FERC Enforcement market manipulation investigation and settlement which resulted in the first "downward adjustment" of a civil penalty with respect to FERC's penalty guidelines.
- Represented individuals in connection with the FERC Enforcement investigations of Barclays.
- Represented Interstate Natural Gas Association of America (INGAA) in FERC’s DOE NOPR proceeding.
- Represented Solar City in its successful defense of Maryland's community solar and virtual net metering programs in response to a petition for declaratory order at FERC by certain electric cooperatives.
- Represented China Investment Corporation in successfully obtaining approvals from FERC and the NY PSC in connection with its $1.6 billion investment in AES Corp.
- Represented KKR and TPG in obtaining FERC and NRC approvals in connection with the purchase of TXU Corp., a $45 billion transaction.
- Advised a major appliance manufacturer in a DOE and EPA enforcement and compliance action with respect to the Energy Star Program and energy efficiency.
- Advised appliance manufacturers on DOE and energy efficiency compliance matters.
- Represented seven major energy trade associations in preparing a White Paper on FERC enforcement matters, presenting it to FERC, and paving the way for significant reforms to FERC’s enforcement and compliance program.
- Represented COMPETE, a coalition of major electricity market participants, including Exelon, Constellation Energy, Sempra Energy, Reliant, TXU, PPL, PSEG, TXU, Safeway and Wal-Mart, on legislative, regulatory, and public policy matters.
- As a mediator, successfully resolved a series of disputes between Pacific Gas & Electric Company and the City of San Francisco.
- Represented Texas Genco in its successfully obtaining FERC approval to sell approximately $6.2 billion in generation assets to NRG.
- Represented UBS before FERC on energy marketing and trading matters.
- Advised Mitsubishi Nuclear Energy Systems in connection with NRC regulatory issues.
Prior Experience
Morrison & Foerster LLP, Senior Of Counsel
Covington & Burling LLP, Of Counsel
Constellation Energy Group (CEG), formerly Baltimore Gas & Electric Company (BGE), Vice President of Legislative and Regulatory Policy; Vice President of Corporate Affairs and General Counsel (1985-2002). In that role, Robert led the company’s efforts to develop and coordinate legislative and regulatory policy at the federal, state and local levels. He also:
-
successfully led the effort to obtain all necessary federal regulatory approvals for Constellation Energy Group to transfer approximately $2.5 billion in electric generation assets to an unregulated subsidiary;
-
led the policy development, consensus building, and lobbying efforts to pass comprehensive electric restructuring legislation in the Maryland General Assembly;
-
managed the successful effort to pass holding company legislation in the Maryland General Assembly and obtain all necessary regulatory approvals;
-
saved natural gas customers over $1 billion by engineering a major victory at FERC through agency filings, litigation, and Congressional activities concerning Columbia Gas Transmission Corporation's transition restructuring costs;
-
successfully overturned approximately 40 FERC orders and saved consumers approximately $140 million by orchestrating a court victory in BGE v. FERC in the U.S. Court of Appeals for the D.C. Circuit;
-
supervised Constellation and BGE’s compliance with FERC and state affiliate standards and codes of conduct;
-
served as Chairman of the American Gas Association’s FERC Regulatory Committee;
-
directed BGE’s compliance and planning efforts in restructuring of the gas industry under FERC Order 636;
-
served as a member of the Official Customer Committee in Columbia’s Bankruptcy Court proceedings and Co-Chair of the Committee’s Litigation Committee;
-
successfully negotiated with interstate pipelines, utilities, local distribution companies, state commissions, consumer advocates, and end-users in numerous FERC natural gas cases; and litigated approximately a dozen cases before FERC and the Maryland Public Service Commission on natural gas and electricity matters.
In the dispute resolution field from 1997–2003, Robert:
-
developed an extensive, systematic, and cost effective ADR Program at CEG and BGE, with the assistance of JAMS/Endispute;
-
held leadership roles in three ADR organizations: Chairman of the ADR Committee of the Energy Bar Association; Chairman of the Business Initiative for the Maryland Mediation & Conflict Resolution Office (MACRO) under the auspices of Maryland Chief Judge Robert Bell; and President of the Community Mediation Program in Baltimore, MD; and
-
successfully led the process for an extensive benchmarking study on the use of ADR in the Maryland business community, jointly published by MACRO and the Maryland Chamber of Commerce.
Federal Energy Regulatory Commission (FERC), including in the Enforcement Division (1979–1985)
More
Thought Leadership
Energy Legislation, Regulation, Policy, and Technology Speaking Engagements
Moderator, “Markets, Regulations, & Policy Panels,” Department of Energy (DOE) Energy Storage Financing Summit, 2016–2023
“Challenges and Opportunities of the Electrify Everything Path to Net Zero - EBA Canadian Chapter,” Annual Law and Economics Forum, October 2023
“The Energy Transition: Commercial Opportunities and Regulatory Pitfalls,” Future Industries Association Commodities Forum, September 2023
Moderator, “The Law of Hydrogen Pipelines,” Energy Law Journal Author Talk, June 2022
“Federal Energy and Trade Policy Panel,” Bank of America DC Roundtable, April 2022
Moderator, “Energy Law Careers,” EBA, May 2021
“Energy, Climate, ESG, Environmental and Tax Matters in the First 100 Days of the Biden Administration,” Kirkland Webinar, May 11, 2021
“Episode 1: Interview with Robert Fleishman,” The EBA Energy Exchange podcast, 2021
“Advancing Contracting in Energy Storage (ACES) Working Group – Best Practices Guide,” Energy Storage Association, April 2019
“Challenges in Financing Corporate Offtake Roundtable,” Power Finance & Risk, January 2019
“U.S. Clean Power Plan - Accelerating Clean Energy Technology and Finance Innovation,” Clean Tech Forum, January 2016
“Integrating Energy Storage into the Grid: Expanding Solar Energy and Reliability – FERC and CPUC Developments & Implications,” Solar Energy Industry Association Webinar, 2015
Judge, “Clean Energy Prize,” MIT, May 2015
“Unleashing Mass Deployment of Energy Storage,” Clean Tech Nation Briefing Series, June 2014
“Shale Gas - Is it a Game Changer?” Canadian Energy Law Forum, May 2012
“FERC Courtroom Tactics 101,” EBA Young Lawyers Committee and the Professional Development, Ethics, and Education Committee, October 2011
“Utility Scale Interconnection,” Solar Energy Industry Association Webinar, December 2009
“FERC and Federal Regulatory Issues Impacting LDCs,” American Gas Association (AGA) Legal Forum, July 2006
“What Will the Post-PUHCA World Look Like? – PUHCA Repeal, Merger Review Reform, and the FERC NOPRs,” Electric Power Supply Association (EPSA) Fall Membership Meeting, November 2005
“The PTC, Renewable Portfolio Standards, and Other Key Energy Policies and Trends,” American Wind Energy Association (AWEA), October 2005
“Energy Policy Act of 2005 – Renewable Purchase Requirements and Portfolio Standards, Production Tax Credits and Loan Guarantees,” EBA, September 2005
“Between a Rock and a Hard Place: Navigating the Ethical Path Between Privilege and Cooperation,” EBA, November 2004
Energy Enforcement, Compliance, and Trading Speaking Engagements
“Enforcement Panel,” FIA Commodities Forum, June 2022
“FERC and CFTC Enforcement and Compliance,” Energy Trading Compliance Roundtable, June 2021
“Practice Tips for Enhancing Compliance Programs,” Energy Trading Compliance Roundtable, February 2020
“The FERC Perspective,” North American Market Surveillance Forum, May 2019
“Energy Trading Compliance & Regulatory Enforcement,” PLI One-Hour Briefing, January 2019
“An Introduction and Enforcement Issues,” EBA Primer Series – Federal Regulation of the Natural Gas Industry, November 2018
“Regulatory Enforcement Top 10 Issues at FERC and CFTC,” American Gas Association (AGA) Legal Forum, July 2016
“E-Discovery Panel,” EBA Energy Enforcers and Defenders Forum, March 2016
“Latest Developments in Market Manipulation,” American Conference Institute (ACI) - 10th National Forum on Energy Trading Compliance & Regulatory Enforcement, November 2014
“Primer,” ACI’s 10th National Forum on Energy Trading Compliance & Regulatory Enforcement, November 2014
“Market Manipulation in Canadian and U.S. Energy Markets,” EBA – Toronto, September 2014
“Discovery Procedures in FERC Investigations – A 360◦ Evaluation,” EBA Compliance and Enforcement Committee, September 2014
“Fundamentals of Energy Trading Compliance,” ACI’s 9th National Forum on Energy Trading Compliance & Regulatory Enforcement, June 2014
Moderator, “Enforcers Panel,” EBA Energy Enforcers & Defenders Forum, March 2014
“Market Manipulation - Gaining Clarity as to What’s Considered Market Manipulation by CFTC and FERC and Best Practices to Avoid Penalties and Enhance your Compliance Program,” ACI’s 8th
National Forum on Energy Trading Compliance & Regulatory Enforcement, November 2013
“FERC & CFTC Enforcement,” Deloitte Center for Energy Solutions and Regulatory Strategies/Dodd-Frank Compliance Leadership Academy, November 2013
“Market Manipulation Panel,” EBA Northeast Chapter, June 2013
“Market Manipulation - Best Practices to Avoid Penalties and How to Enhance your Compliance Program in Light of Recent Enforcement Actions,” ACI’s 7th National Forum on Energy Trading Compliance & Regulatory Enforcement, June 2013
“Gaming Energy Markets,” Canadian Energy Law Forum, May 2013
“FERC Enforcement,” American Conference Institute, April 2013
“Market Manipulation - Best Practices to Avoid Penalties and How to Enhance your Compliance Program,” ACI’s 6th National Forum on Energy Trading Compliance & Regulatory Enforcement, November 2012
“Preparing for a FERC or CFTC Investigation,” AGA’s Energy Market Regulation Conference, October 2012
“Federal Regulatory Enforcement for LDCs,” AGA Legal Forum, July 2012
Moderator, “Enforcers Panel,” EBA Energy Enforcers & Defenders Forum, April 2012
“Preparing for and Responding to Government Enforcement Actions & How Market Participants Can Ensure Compliance in a Multi-Agency Regulatory Environment,” ACI’s 5th National Forum on Energy Trading Compliance & Enforcement, November 2011
“Lessons Learned from Self-Reporting Alleged Violations to the FERC and CFTC,” EBA ADR Committee, July 2011
“FERC Enforcement Policy - Beyond Civil Penalties,” AGA Energy Market Regulation Conference, October 2010
“Defending Against Allegations of Market Manipulation,” ACI’s 4th National Forum on Energy Trading Compliance, September 2010
“FERC Policy on Civil Penalty Guidelines,” EBA Compliance & Enforcement Committee, July 2010
“Mitigating and Aggravating Factors in Regulatory Actions,” FERC & CFTC Compliance Summit, April 2010
“FERC’s Rules Related to Gas Trading and Market Manipulation,” AGA FERC Compliance Conference, October 2009
“Mitigating and Aggravating Factors in Regulatory Actions,” FERC Compliance Summit, September 2009
“Legitimate Risk-Taking v. Market Manipulation - Where Do You Draw the Line?” ACI’s 3rd National Forum on Energy Trading Compliance, September 2009
“A New Direction for FERC - Market Manipulation and Enforcement,” Southern Gas Association, April 2009
“FERC Enforcement Actions and Some Early Lessons Learned,” EBA Midwest Chapter Energy Conference, March 2009
“Lessons Learned from Recent FERC and CFTC Litigation and Settlements,” ACI’s 2nd National Forum on Energy Trading Compliance, January 2009
“FERC Enforcement,” Association of Corporate Counsel, August 2008
“Mitigating and Aggravating Factors in FERC Enforcement Actions. Potential Impacts for Marketing, Trading, and Other Activities,” AGA Legal Forum, July 2008
“Mitigating and Aggravating Factors in FERC Enforcement Actions: Potential Impacts,” FERC Compliance Summit, May 2008
“Natural Gas Enforcement - Protecting Your Client,” EBA Natural Gas Regulation 101, March 2008
News, Publications, and Insights
Law and Business/Lexology: Energy Mergers & Acquisitions – U.S. Chapter with co-authors, 2019–2023
FERC Issues Sweeping, Landmark Reforms to Generator Interconnection Processes - Kirkland Alert with co-authors, August 2023
The Inflation Reduction Act is Signed into Law by President Biden: Key Energy and Infrastructure Provisions - Kirkland Alert with co-authors, August 2022
FERC Order Revokes Solar Facility's QF Status - Kirkland Energy Blog with co-authors, June 2022
New Lease Areas, Record-Breaking $4.37B Lease Sale Showcase Big Bet on the U.S. Offshore Wind Sector — What Comes Next? - Kirkland Alert with co-authors, April 2022
Federal Energy Regulatory Commission Changes Course on Certification and Project Reviews of New Gas Pipeline Policies - Kirkland Energy Blog with co-authors, April 2022
FERC Reinforces Importance of Qualifying Facility Recertification - Kirkland Energy Blog with co-authors, April 2022
FERC Issues Order Revising Downward the Five-Year Oil and Liquids Pipeline Rate Index, Estimated to Save Customers $3.7 Billion Through 2026 - Kirkland Energy Blog with co-authors, January 2022
Biden Administration and Congress Focus on Methane Emissions - Kirkland Energy Blog with co-authors, November 2021
Energy, Climate, ESG & Environmental Matters in Congress and the Biden Administration – Kirkland Webinar with co-presenters, September 2021
Massive Bipartisan Infrastructure Bill Includes Billions in Funding and Process Improvements for Energy and Infrastructure - Kirkland Energy Blog with co-authors, August 2021/November 2021
Changing Course: FERC Adopts New Policy on Its Consideration of Certain Climate Impacts in Reviewing Proposed Interstate Pipeline (and LNG?) Infrastructure ––Pratt’s Energy Law Report with co-authors, July /August 2021
Texas Adopts Legislation to Better Prepare Energy Market for Extreme Weather - Kirkland Energy Blog with co-authors, June 2021
Energy, Climate, ESG, Environmental and Tax Matters in the First 100 Days of the Biden Administration - Kirkland Webinar with co-presenters, May 2021
FERC Opens the Door to Carbon Pricing in Organized Wholesale Electricity Markets - Kirkland Energy Blog with co-authors, April 2021
Biden Charts Future of U.S. Infrastructure in Ambitious American Jobs Plan - Kirkland Alert with co-authors, April 2021
Changing Course: FERC Adopts New Policy on Its Consideration of Certain Climate Impacts in Reviewing Proposed Interstate Pipeline (and LNG?) Infrastructure - Kirkland Energy Blog with co-authors, March 2021
Biden Administration’s Energy, Environmental, and Climate Policies: Latest Updates and Actions - Kirkland Energy Blog with co-authors, March 2021
FERC’s Broadview Reversal Restores and Expands Opportunities for Qualifying Facilities under PURPA – Kirkland Energy Blog with co-authors, March 2021
Biden Administration’s Energy, Environmental and Climate Policies: Week In Review - Kirkland Energy Blog with co-authors, March 2021
FERC Resumes Review of Key Policies Concerning Interstate Natural Gas Pipeline Certificates – Kirkland Energy Blog with co-authors, February 2021
Industry Update: Texas Mandates All Texas-Produced Natural Gas Be First Made Available for Sale to Power Producers Before Export Out-of-State – Kirkland Energy Blog with co-authors, February 2021
Biden Administration’s Energy, Environmental and Climate Policies: Week In Review - Kirkland Energy Blog with co-authors, February 2021
Biden Administration’s Energy, Environmental and Climate Policies: Latest Updates and Actions - Kirkland Energy Blog with co-authors, February 2021
Biden Administration’s Energy, Environmental, and Climate Policies: Week in Review - Kirkland Energy Blog with co-authors, January 2021
Biden Administration is Off to a Fast Start: Day One Actions on Energy, Environmental, and Climate Issues - Kirkland Energy Blog with co-authors, January 2021
Sweeping Energy and Infrastructure Provisions and Incentives in COVID-19 Relief Bill Signal Important Changes Coming in 2021 - Kirkland Energy Blog with co-authors, December 2020
Energy, Climate and Environmental Matters in a Biden Administration – Kirkland Webinar with co-presenters, November 2020
House’s Clean Economy Jobs and Innovation Act Would Create Opportunities and Impose Restrictions on Different Segments of the Energy and Infrastructure Sectors – Kirkland Energy Blog with co-authors, October 2020
House’s Clean Economy Jobs and Innovation Act Would Create Opportunities and Impose Restrictions on Different Segments of the Energy and Infrastructure Sectors – Kirkland Alert with co-authors, October 2020
USMCA Energy & Environmental Takeaways – Kirkland Energy Blog with co-authors, September 2020
Dakota Access Pipeline Shutdown Order: What Happened and What’s Next? - Kirkland Energy Blog with co-authors, August 2020
The Prospect of a Biden Administration: What Does it Mean for the Electricity Sector? - Kirkland Energy Blog with co-authors, August 2020
FERC Establishes New ROE Policies for Jurisdictional Electric Utilities and Natural Gas and Oil Pipelines – Kirkland Energy Blog with co-authors, August 2020
Reduced Speed Ahead: New LNG and Interstate Natural Gas Pipeline Facilities Likely To Face Construction Delays Following Recent D.C. Circuit Opinion and FERC Rule – Kirkland Energy Blog with co-authors, July 2020
The Prospect of a Biden Administration: What Does it Mean for Oil and Gas? – Kirkland Energy Blog with co-authors, July 2020
Net Metering Proceeding at FERC Could Shake up Already Dynamic Policy Environment for Distributed Generation Resources – Kirkland Energy Blog with co-authors, May 2020
FERC Interprets NGA to Allow Condemnation of State-Owned Property, Sidesteps Constitutional Question – Kirkland Energy Blog with co-authors, May 2020
Prorationing in Texas Is Out, but Additional Storage Capacity Is on the Way – Kirkland Energy Blog with co-authors, May 2020
Massachusetts Pushes Its Renewable Energy Program into New Territory by Issuing Final Regulations for Its Clean Peak Energy Portfolio Standard – Kirkland Energy Blog with co-authors, April 2020
Clean Energy Legislation Arrives in Virginia - Will it Become Law this Week? - Kirkland Energy Blog with co-authors, April 2020
Energy Regulatory Update: FERC Takes Action to Alleviate COVID-19 Regulatory Burdens and Uncertainty, and State Regulatory Commissions Updates – Kirkland Energy Blog with co-authors, April 2020
Will Texas Restrict Crude Oil Production in Light of Supply and Demand Shocks in Global and Texas Oil Markets? – Kirkland Energy Blog with co-authors, April 2020
COVID-19: Latest Updates on Energy Regulatory Agencies and Electric Grid Operators – Kirkland Energy Blog with co-authors, March 2020
Bipartisan Senate Energy Legislation Moves Forward – Kirkland Alert with co-authors, March 2020
New Bipartisan Energy Bill Set for Consideration by Senate – Kirkland Energy Blog with co-authors, March 2020
Federal-State Capacity Market Tensions Shift into New York – Kirkland Energy Blog with co-authors, February 2020
Sea Change? Proposed Updates to NEPA Regulations Seek to Streamline Review Process, but Also Spur Controversy – Kirkland Alert with co-authors, February 2020
MOPR Migration: Implications of FERC’s PJM Capacity Market Order in the New York and New England Electricity Markets – Kirkland Energy Blog with co-authors, February 2020
New Year Brings EV Initiatives in New Jersey, New York – Kirkland Energy Blog with co-authors, February 2020
FERC PURPA reform effort proposes modified opportunities for renewable energy generation - Pratt’s Energy Law Report with co-authors, January 2020
Advancing Contracts in Energy Storage: Best Practices Guide with co-authors, 2019
Power Finance & Risk: PFR Corporate Offtake Roundtable with co-authors, 2019
FERC Orders PJM Capacity-Market Reforms, Addresses Uncertainty, Allows Auctions to Resume - Kirkland Alert with co-authors, December 2019
FERC PURPA Reform Effort Proposes Modified Opportunities for Renewable Electric Generation – Kirkland Alert with co-authors, September 2019
FERC Developments: August 2019 PJM Capacity Auction Postponed – Kirkland Alert with co-authors, July 2019
Offshore Wind + Storage: Electric Distribution Companies in Massachusetts Seek to Purchase Offshore Wind Generation and Paired Storage Capacity - Kirkland Alert with co-authors, April 2019
FERC Considering Major Update to Energy Infrastructure Investment Policies – Kirkland Alert with co-authors, March 2019
New FERC Rules Open the Door Wider for Electric Storage Participation in Wholesale Electricity Markets, and Establish Primary Frequency Response Requirements – Pratt’s Energy Law Report with co-authors, May 2018
Global Competition Review: Market Manipulation – Perspectives on FERC Enforcement & Energy with co-author, 2018
Administration’s Executive Order on Climate and Energy is Controversial, and May Shift Action to States - Pratt’s Energy Law Report with co-authors, July/August 2017
American Council on Renewable Energy – Energy Corporate Procurement with co-author, 2017
The Law Reviews – Canadian Energy Regulation Quarterly: The Washington Report, 2013–2015 & 2017–2018
FERC Conference on Enforcement Policy: Implementation of the FERC’s Enforcement Authority – A White Paper with co-authors, 2007
Energy ADR Forum: Using ADR to Resolve Energy Disputes - The Better Way with co-authors, 2006
Editor-in-Chief Pages – Energy Law Journal, 2005–2019
Reliability-Based Competition – Energy Law Journal with co-authors, 2004
Recognition
Chambers Global, Energy: Electricity (Regulatory & Litigation) and Energy: Oil & Gas (Regulatory & Litigation), USA, 2022–2024
Chambers USA, Energy Regulatory Law, 2010–2023
Best Lawyers in America, Energy, 2007–2022
The Legal 500 US, 2008–2010; 2012–2013; 2015–2023
Energy Bar Association (EBA), EBA President's Award, 2019
The National Law Journal, 2017 Energy & Environmental Trailblazers
Energy Bar Association (EBA), Paul E. Nordstrom Service Award, 2016
Center for the Advancement of Energy Markets Service Award, 2005
Credentials
Admissions & Qualifications
- District of Columbia
Courts
- Supreme Court of the United States
- United States Court of Appeals for the District of Columbia Circuit
Education
- Boston University School of LawJ.D.1978
- Georgetown UniversityB.A.1974