Practices

Energy Litigation and Dispute Resolution

Kaplan Kirsch & Rockwell represents a diverse range of clients, including independent power producers, affiliates of regulated electric utility companies, development interests, and environmental nonprofit groups.  We also work with trade associations in litigation, administrative proceedings, and arbitration before state and federal courts, state public utility commissions, and arbitral tribunals.  We often represent clients in state proceedings involving electric resource planning, demand-side management (DSM), rates, and tariffs.

Representative Cases and Experience

  • Represented the Solar Energy Industries Association in Colorado PUC dockets regarding net metering and other solar policy issues; represented SEIA in groundbreaking settlement of multiple dockets addressing solar policy, acquisition and rate issues.
  • Represented Interwest Energy Alliance, a wind energy trade group, in a successful effort to defend the constitutionality of Colorado’s Renewable Energy Standard. Energy & Env’t Legal Inst. v. Epel, 2015 U.S. App. LEXIS 120457 (10th Cir. 2015); also created a compelling case through discoveryfor our client, Interwest Energy Alliance, leading to a successful summary judgment regarding a Dormant Commerce Clause challenge to Colorado’s Renewable Energy Standard.  Energy and Environment Legal Institute v. Epel, 44 ELR 20101 (D. Colo. 2014).
  • Represented Clark County, Nevada, in the judicial review of a Federal Aviation Administration (FAA) obstruction analysis of a proposed wind farm proximate to McCarran International Airport in Las Vegas, Nevada.  Clark County v. FAA, 522 F.3d 437 (D.C. Cir. 2008).
  • Represented a nonprofit environmental organization in a challenge to a Federal Energy Regulatory Commission (FERC) hydropower license under the Endangered Species Act.  Platte River Whooping Crane Critical Habitat Maintenance Trust v. F.E.R.C., 876 F.2d 109 (D.C. Cir. 1989).
  • Represented gas-fired and co-generation facilities in air quality permitting and enforcement issues in Colorado and California.