Energy Regulatory Proceedings & Litigation

Kaplan Kirsch LLP is a leader in energy regulatory proceedings and litigation, delivering sophisticated advocacy in one of the most highly regulated and rapidly evolving industries. Our attorneys bring deep experience across the electric, natural gas, petroleum, and renewable energy sectors. We guide clients through complex regulatory frameworks and position them for long-term success. Our team represents a diverse client base, including independent power producers (IPPs), local government agencies, community choice aggregators (CCAs), electric cooperatives, affiliates of regulated electric utility companies, private entities, and environmental groups.

Kaplan Kirsch regularly appears before state public utility commissions, federal agencies, and in state and federal courts, handling contested cases, administrative hearings, and appellate litigation. We are often involved in agency proceedings regarding high-stakes regulatory and litigation matters, such as:

  • Electric or integrated resource planning
  • Generation, storage, and transmission project approvals
  • Electric vehicle integration
  • Climate change-related air quality
  • Demand-side management
  • Rates and tariff changes
  • Certificates of Public Convenience and Necessity

Energy disputes frequently include complex technical, economic, and policy considerations. Kaplan Kirsch brings a disciplined approach to every matter. We leverage alternative dispute resolution where appropriate to achieve efficient, favorable outcomes. When litigation is necessary, our attorneys are skilled advocates with a strong record of success in administrative and judicial forums.

Kaplan Kirsch’s energy regulatory proceedings and litigation practice stands at the forefront of the energy industry. Our combination of regulatory depth, litigation excellence, and strategic insight allows us to deliver exceptional value to our clients navigating today’s complex energy landscape. Whether advancing major infrastructure projects, responding to enforcement actions, or shaping regulatory outcomes, we provide the clarity, advocacy, and results our clients need to succeed.

Representative Experience

California High Distributed Energy Future Proceeding: Represents GRID Alternatives—as part of a broader environmental and environmental justice coalition—in a California Public Utilities Commission (CPUC) proceeding design rules and regulatory structures for a high-penetration distributed energy future.

Colorado Electric Resource Planning Proceedings: Represented environmental nonprofit and an independent power producer (IPP) interests in Colorado Public Utilities Commission (PUC) proceedings to approve electric resource plans for the state's largest utilities, helping accelerate the retirement of coal facilities and strengthen competitive procurement for new renewable and storage resources.

Successful Enforcement Defense: Secured a full resolution of all claims on behalf of a geothermal project operator in Certified Unified Program Agency enforcement proceedings before the California Environmental Protection Agency (EPA).

Regulatory Approvals for Power Plant Sale: Represented an IPP in obtaining PUC approval to sell a natural gas-fired peaking facility to a regulated utility, including negotiating a multi-party settlement to resolve outstanding issues

Resolution of Power Purchase Agreement (PPA): Represented a California community choice aggregator (CCA) in a PPA dispute with a renewable energy developer who failed to meet its obligations following permitting challenges. Negotiated a favorable pre-complaint settlement providing the CCA a substantial payment and a strong position replacement procurement.

Participation in Regional Greenhouse Gas Initiative (RGGI): Represented the Environmental Defense Fund (EDF) as part of a nonprofit coalition defending a Pennsylvania regulation authorizing participation in RGGI, a regional cap-and-invest initiative to reduce greenhouse gas (GHG) emissions and expand Pennsylvania's clean energy investments. Bowfin Keycon Holdings, LLC v. Pa. Dep't of Env't Prot., No. 237 MD 2022 (Pa. Cmwlth.).

Colorado Advanced Clean Trucks Rulemaking: Represented the nonprofit Colorado Communities for Climate Action (CC4CA) in advocating for state regulations to expand zero-emission medium- and heavy-duty trucks sales, which is projected to reduce GHG emissions by nearly 22 million metric tons over the lifetime of these vehicles and deliver +$15 billion in cost savings.

Wind Project Permitting & Litigation Defense: Managed environmental review, permitting, and litigation defense for the developer of a 315 MW wind project located on the U.S. Bureau of Land Management (BLM) land, completing all state and federal processes in 18 months to meet key financing deadlines, and successfully defending against federal court challenges.

Defense of Regulations to Control Oil & Gas Sector Emissions: Represented the EDF and Healthy Air and Water Colorado in challenges to Colorado oil and gas sector emissions requirements. Bd. of Cnty. Comm'rs of the Cnty. of Garfield v. Air Quality Control Comm'n, No. 2020CV30997 (Dist. Ct., City & Cnty. of Denver); Bd. of Cnty. Comm'rs of Weld Cnty. v. Ryan, No. 2020CV31022 (Dist. Ct., City & Cnty. of Denver); Weld Cnty. Bd. of Cnty. Comm'rs v. Ryan, No. 22SC242.

Securing Wildlife Protections in Oil & Gas Regulations: Represented a coalition of wildlife and hunting/angling groups before the Colorado Oil and Gas Conservation Commission to secure wildlife protections, including protection of high-priority habitats, best practices requirements, and compensatory mitigation for unavoidable impacts.

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