Energy Regulatory

Baker Botts’ Energy Regulatory Practice extends to all aspects of federal and state regulation affecting producers, shippers, integrated utilities, energy merchants, midstream operators and transporters, distributors and consumers of energy in virtually all its forms, as well as developers of infrastructure projects and investors in and lenders to the energy sector.

Regulatory experience is a critical component in the structuring, development and financing of energy projects and in the acquisition, disposition and commercialization of energy assets. With our understanding of the statutes and regulations that affect the power, renewable energy, oil & gas, LNG, hydrogen and pipeline and electric transmission markets, Baker Botts lawyers are able to help clients identify important regulatory considerations, develop strategies to address regulatory issues and implement those strategies.

Our lawyers practice before the Federal Energy Regulatory Commission, the Department of Energy, the U.S. Securities and Exchange Commission and the U.S. Department of the Interior, routinely dealing with other agencies with jurisdiction over energy projects and facilities, such as the U.S. Department of Transportation (pipeline safety, offshore LNG), the U.S. Army Corps of Engineers, the U.S. Minerals Management Service (royalties, pipeline rights-of-way), the U.S. Department of Commerce and the U.S. Coast Guard (waterways, safety of harbors).

Baker Botts lawyers also handle district court litigation related to federal regulatory issues and appellate cases arising from review of both lower court decisions and agency orders. Beyond U.S. federal agencies and courts, Baker Botts lawyers handle state regulatory proceedings in select jurisdictions and have appeared before the National Energy Board of Canada. Additionally, lawyers in our London office are skilled in handling U.K. regulatory matters and have experience in dealing with European and other energy regulatory regimes internationally.

We have taken part in the rulemakings central to the restructuring of the natural gas and electric power industries as well as recent initiatives to promote renewable technologies such as wind power. We are well-versed in the regulatory issues influencing the development and commercialization of renewable power project development, implementation of cleantech products and services such as smart grid and related smart technologies and carbon capture and storage processes. Our experience representing clients in navigating the complexities of current policy initiatives, as well as our advocacy efforts through various energy-related associations and organizations for both traditional and emerging energy companies, provides valuable insight into the changing regulatory regime and the direction of future policy.