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Overview

The energy industry is being impacted by rapid and disruptive changes faced in today’s environment. We are witnessing a wholesale shift away from fossil fuel generation to renewables, very low natural gas prices, changing environmental regulations, the growth of microgrids and distributed generation, and heightened interest in regional transmission and reliability. Combined, these changes are influencing state and federal energy policy and prompting regulatory action. This activity can create opportunities for entities that proactively plan.

At Calfee, we provide our clients with strategic support based on decades of experience, a track record of success at the state and federal levels, public policy advocacy, and deep transactional experience. Our utilities and energy lawyers include a former utility regulator and general counsel, a former Director of the Ohio EPA, and several other attorneys with decades of experience – both in-house and as outside counsel – handling the full range of issues confronting energy companies, utilities, and large consumers of energy.

Our clients have included a broad range of investor-owned utilities, municipal utilities, regional transmission organizations, telecommunications entities, pipeline companies, coal companies, investors, lenders, renewable resource developers, and utility customers.

State Regulatory Matters. Our attorneys have successfully represented clients before state utility commissions throughout the Midwest, including the Public Utilities Commission of Ohio, the Indiana Utility Regulatory Commission, the Illinois Commerce Commission, the Wisconsin Public Service Commission, the Missouri Public Service Commission, and the Iowa Utilities Board. Our clients benefit from our experience counseling clients through complex regulatory issues, including rate cases, certifications for public convenience and necessity, rulemakings, and M&A and utility asset transfers.

Federal Regulatory Matters. Our attorneys have extensive experience representing clients before the Federal Energy Regulatory Commission in rulemaking, tariff and rate schedule filings, complaint proceedings, and enforcement actions. Our attorneys regularly assist clients in the development and implementation of strategies around wholesale electricity market design, new market entry, large-scale integrations, and complex, multi-jurisdictional matters involving both federal and state regulation. This experience also includes representation of clients in appeals of agency actions before the U.S. Court of Appeals for the D.C. Circuit.

Renewables and Energy Transactions. We enable our business partners to capitalize on a variety of energy industry opportunities, including power purchase agreements, brokerage agreements, the creation of microgrids, electric power, and natural gas supply purchases, interconnection agreements, asset transfers, market entrance and integration analysis, and environmental permitting. These efforts have included the negotiation of contracts for the installation of onsite solar power production, including related lease agreements, power purchase agreements for the off-take of the power produced by onsite solar systems, as well as onsite microgrid projects.

In addition, we advise our clients on the implementation of on-bill and off-bill customer-facing service and product offerings. We also assist with navigating permitting, insurance, and other compliance considerations, and negotiating financing and underwriting arrangements, supplier agreements, and software and licensing contracts—all while helping clients control and mitigate their risk while diversifying offerings to ratepayers and customers.

Energy and Environment. Calfee provides energy clients with a full range of environmental counseling from the initial permitting stage through operational issues. Clients have included underground coal production, pipeline permitting and construction, natural gas and coal-fired electric generating units, and alternative fuel providers. These services include Clean Water Act NPDES and Section 401 and 404 permitting, Clean Air Act permitting, Power Siting Board permitting, compliance counseling, and defense of enforcement actions against these providers once the infrastructure has been completed.

Public Utility, Energy, and Telecommunications Litigation. Because of Calfee’s extensive knowledge of the utility business, our litigators bring a unique problem-solving perspective to litigation involving utilities and energy companies. We routinely represent our clients in litigated matters before state and federal regulatory agencies. Moreover, our lawyers are experienced state and federal trial and appellate litigators, handling a wide range of disputes that include personal injury and other tort claims, tax, real estate, environmental and securities claims related to the energy industry. We routinely represent entities seeking to challenge or support rules or orders issued by agencies, including state utility commissions, FERC, EPA, and others.

Noteworthy

Chambers USA Leading Law Firm Rankings

Calfee has been recognized by Chambers USA as a Leading Law Firm in Energy & Natural Resources in Band 1 in both Indiana and Ohio (2023-2024).

Clients interviewed by Chambers USA researchers stated, "Calfee always has someone available to provide solutions for complex and nuanced regulatory cases. Calfee has a good grasp of the industry and emergent issues."

The following Energy and Utilities attorneys are ranked by Chambers USA 2024:

  • Phillip A. Casey – Energy & Natural Resources, Band 1: Indiana
  • James C. Holsclaw – Energy & Natural Resources, Band 2: Indiana
  • James F. Lang – Energy & Natural Resources, Band 1: Ohio

Best Lawyers® “Best Law Firms” Rankings

Calfee was selected for inclusion in the 2025 "Best Law Firms" rankings in Energy Law (National Tier 3, Regional Tier 1 Cleveland, Regional Tier 2 Columbus, Regional Tier 2 Indianapolis) and Energy Regulatory Law (Regional Tier 1 Cleveland).

Professionals

Experience

Experience

  • Serve as lead Indiana regulatory counsel for a publicly traded, Fortune 50 technology company in a proceeding initiated by a large, regulated utility company for approval of a data center tariff. (2024). Achieved uncontested settlement with all parties in the matter. (2025)
  • Serve as lead outside counsel responsible for providing strategy on state regulatory matters to our client, an energy recycling services provider. Provide legal and regulatory strategy advice on power procurement processes and rate case matters for the client on an ongoing basis. (2024)
  • Served as lead outside counsel for a nonprofit member-based energy organization client and provided legal and regulatory strategy, managed the development of the filing and expert testimony, drafted tariff language, transmittal letter and pre-filed testimony for the client. The Reliability Based Demand Curve filing with FERC represents a paradigm shift in the client's capacity market to address the energy transition, reduce capacity price volatility and provide better investment signals to generator owners and developers. The transition to a downward-sloping demand curve in the Midwest region has been a controversial matter among market participants and regulators for more than 10 years. This filing is the result of considerable stakeholder engagement, planning and analysis. (2024)
  • Served as lead outside counsel for a nonprofit member-based energy organization client and provided legal and regulatory strategy, managed the development of the filing and expert testimony, drafted tariff language, transmittal letter and pre-filed testimony. Calfee advised on the Direct Loss of Load (DLOL) accreditation methodology filing with FERC. The proposed reforms in this filing are key to maintaining the reliability of the wholesale power grid through a transition to a two-step resource accreditation method, which measures a resource's availability when reliability risk is the greatest based on both prospective and retrospective risk assessments. This proposal furthers the client's ongoing efforts to better align resource accreditation with the rapidly changing generation resource fleet and risk factors affecting reliability. (2024)
  • Served as lead outside counsel for a nonprofit member-based energy organization client in providing litigation strategy and responsive pleadings. Successfully defended a complaint and request for a declaratory order claiming more than $12 million in damages based on allegations that the client company incorrectly applied its Tariff and market rules in a matter involving market offers. The complaint was dismissed by FERC and request for a declaratory order was denied. (2024)
  • Serve as lead outside counsel for a nonprofit member-based energy organization client in providing legal and compliance strategy, witness training and preparation, mock audit preparation, and review and advice on audit responses. Representation of the client in two separate onsite audits of a nonprofit international regulatory authority related to mandatory reliability standards and requirements applicable to critical infrastructure protection, including critical cyber assets and operating standards and requirements. The client has received multiple positive observations from the auditors in their initial report at the conclusion of the onsite audit. (2024)
  • Serve as lead Ohio regulatory counsel for a publicly traded, Fortune 50 technology company in a proceeding initiated by a large regulated utility company for approval of a data center tariff. (2024)
  • Represent one of the largest universities in the region before the Ohio Power Siting Board (PSB) to obtain approval for a combined heat and power generating facility on the campus to provide electric power, steam, and chilled water to campus buildings. Since the approval by the PSB in 2020, Calfee has continued to work with PSB Staff on construction progress and satisfaction of PSB conditions. (2024)
  • Serve as lead Ohio regulatory counsel for a governmental energy aggregator client in a proceeding initiated by a natural gas distribution company for approval of a rate increase in a PUCO case. (2024)
  • Serve as lead Ohio regulatory counsel responsible for energy supply questions associated with a Purchase and Sale and Submetering Agreement in which Calfee's client, a leading technology infrastructure company, is the purchaser. (2024)
  • Serve as lead Ohio regulatory counsel for a large public university in a proceeding initiated by a leading energy company for approval of a gas pipeline extension in an Ohio Power Siting Board (PSB) case. (2024)
  • Calfee serves as lead Ohio regulatory counsel for a waste energy recovery services client in a PUCO proceeding related to the certification of renewable energy credits. (2024)
  • Serve as Ohio regulatory counsel for a clean energy company client in a Public Utilities Commission of Ohio (PUCO) Staff investigation and PUCO proceeding. The Staff investigation culminated in a settlement that was approved by the PUCO following extensive review and an evidentiary hearing. (2024)
  • Served as lead regulatory litigation counsel for an independent electric transmission holding company. Calfee represented the client in contested matters regarding a Petition for a Certificate of Convenience and Necessity to operate an electric transmission system and a complaint case associated with the CPCN.
  • Serving as regulatory relations counsel for one of the largest home repair services plan providers in the United States. Calfee is currently working with the client to build relationships in the Midwest and South, including Alabama, Arkansas, Illinois, Indiana, and Ohio.
  • Serving as Lead Regulatory Counsel for a national utility infrastructure services provider. We currently advise the client on Underground Protection matters before state regulators, and we are assisting with the development of open and transparent hearing procedures, resolution of thousands of potential causes of action, relationship development with regulators, and client customers, and we are participating in the development of corrective legislation. States have been assessing penalties for “late-locates” occurring during the pandemic. The ability to perform timely locates was impeded by absenteeism and the lack of an available workforce. This problem was experienced across the client’s national platform.

Services

Services

Calfee provides a broad range of legal services to the energy industry that includes regulatory, government relations, construction, transactional, environmental, intellectual property, real estate finance, and litigation counseling and representation.

Public Utilities, Energy, and Telecommunications Litigation

Calfee represents public utilities, municipalities, cooperatives, and other interested parties before regulatory agencies and in state and federal courts. We have represented electric utilities, municipal utilities, natural gas distribution companies, intrastate natural gas pipelines, local telephone and cellular telecommunications carriers, brokers, and industrial customers.

Environmental

Calfee has experience with all aspects of the environmental compliance requirements associated with the energy industry. From the permitting requirements associated with obtaining the raw materials for energy production to the compliance requirements associated with distribution, Calfee can provide a full range of environmental compliance counseling for the energy industry.

Transactional

Calfee’s Corporate and Finance attorneys have a broad spectrum of transactional experience with energy companies, including electric power, oil and gas producers, coal companies (both surface mining and deep hole), and ash reclamation. Members of the group have assisted energy industry clients with legal matters that include acquisitions, financings, leases, purchase agreements, tax planning, due diligence, and compliance.

Government Relations and Legislation

Calfee’s Government Relations and Legislation practice group provides a unique perspective into the highly regulated energy arena. Whether our clients require legislative lobbying, regulatory and technical experience, or execution of administrative matters, our experienced attorneys offer years of experience and knowledge-based relationships in the energy industry developed from years of legal representation and lobbying on energy issues.

Calfee clients benefit from our strengths when analyzing governmental issues, developing and executing successful strategies, and adding unique insight ranging from the General Assembly to the PUCO. We work together to resolve our clients’ issues involving the executive and legislative branches of government, as well as commissions, authorities, and other special-purpose entities.

Litigation

Calfee has successfully represented energy industry clients in a myriad of litigation matters involving complex contract and commercial disputes, government investigations, employment, and labor matters, real estate and environmental disputes, class action litigation, and ERISA claims. Calfee also has extensive experience representing energy industry clients in tort, accident, and product liability claims including asbestos and toxic tort defense. Calfee works closely with clients to aggressively prevent, resolve and defend litigation matters at all phases of a dispute to reach the best business resolution for our clients.

Intellectual Property

The U.S. Patent and Trademark Office will, on petition, accord "special" status to all patent applications for inventions that materially contribute to:

  • The discovery or development of energy resources (i.e., developments in fossil fuels such as natural gas, coal, and petroleum; hydrogen fuel technologies; nuclear energy; solar energy, etc.); or
  • The more efficient utilization and conservation of energy resources (i.e., inventions relating to the reduction of energy consumption in combustion systems, industrial equipment, household appliances, etc.).

Calfee’s patent attorneys are skilled in the preparation and prosecution of patent applications for energy and energy-related inventions. The Group includes patent attorneys with degrees in physics, electrical engineering, chemistry and chemical engineering, and mechanical engineering. In addition to their technical education backgrounds, many of our patent attorneys have spent time working in their technical fields as engineers and scientists prior to becoming patent attorneys.

Real Estate

Calfee’s real estate attorneys represent developers, investors and syndicators, institutional lenders, individuals, and corporate clients in connection with matters related to the acquisition, disposition, construction, development, leasing, and financing of property assets, including the acquisition of mineral interests by fee or lease.

In addition to conventional transactions, our practice encompasses the formation of investment syndications, joint ventures, and tax-advantaged investment arrangements, the structuring of synthetic leases and tax-deferred exchanges, and the representation of clients in complex multisite and multistate transactions.

Construction

Calfee takes a multidisciplinary approach to energy construction projects tailoring its advice to the specific needs of the client. Calfee has been involved with advising and drafting contract documents, assisting in contract administration, and representing clients in contract disputes in all phases of energy-related construction.

Calfee has assisted clients with new construction, scheduled outages, transmission issues, alternate energy projects, including wind and gasification, and power generation systems and storage. Calfee attorneys are sensitive to assessing risk in all phases of a project and are additionally sensitive to cost issues. This broad range of experience on varied types of energy projects informs our decisions and protects our clients’ interests throughout the life of a project.

News & Events

News

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Practice Contacts

"Calfee, Halter & Griswold is my go-to law firm, in an emergency as well as for longer-term strategic planning. Their team always gets the job done quickly and efficiently and helps develop creative and effective strategies."

Calfee client, as reported by U.S. News - Best Lawyers “Best Law Firms” report

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