Support from extraction to retail delivery

The energy industry is in the midst of an evolution as the world confronts the effects of climate change and the volatility of tapping resources around the globe. The discovery of shale gas reserves in the United States and the development of pipelines to move it are transitioning the country toward greater energy independence, as are the emergence of new forms of power and the means for delivering them. At the same time, government regulations are addressing this shift with a push toward renewable energy, creating both opportunities and challenges related to the extraction, transmission and generation of energy in all forms, from fossil fuels and nuclear to solar and wind power. This transformation is also altering the competitive landscape, leading utilities and others involved in retail delivery to explore mergers, new rate structures and other measures that involve state oversight.

As a firm committed to regional representation, Saul Ewing Arnstein & Lehr concentrates its efforts in providing experienced representation throughout our footprint, from Washington, D.C. north to Boston and west to Pittsburgh. For the traditional energy and alternative industries, this focus gives clients the ability to utilize a knowledge and experience base that can support their activities in the Northeast. We have the local knowledge and experience to provide accurate on-the-ground perspective and assistance for facility siting, financing, compliance and operations. Our attorneys are experienced litigators, former regulators, and active participants in state and local affairs, and provide our clients with valuable insight and contacts throughout our offices. 

Related Industry Sectors:

My attorney’s ‘in-house perspective’ makes her quicker on the uptake when it comes to identifying the business risk of a legal decision. She also knows us and our business people and communicates with the right finesse

Why are representation and warranties notable in oil and gas transactions?

A considerable amount of litigation can result from representations relating to gas imbalances, warranties and wells.

What is the HSR filing threshold in an oil and gas transaction?

When structuring an oil and gas transaction, the Hart-Scott-Rodino threshold is significantly higher than for other types, but there are exceptions.

What are the most common tax issues in oil and gas transactions?

These transactions often have tax partnerships within a group of assets and they must be considered in structuring and integration.

What makes confidentiality agreements unique in oil and gas transactions?

There are two specific confidentiality provisions that are unique to oil and gas transactions.

Why are operator and joint venture agreements important in oil and gas transactions?

Change of operator provision can become important because if triggered, it can affect ownership.

Experience

Saul Ewing Arnstein & Lehr attorneys have represented energy clients in these select matters:

  • Acting as lead Pennsylvania counsel in a $2.65 billion, 123-mile natural gas interstate pipeline expansion project.
  • Successful defense of appeals of FERC Certificate Orders to interstate natural gas pipeline companies in D.C. Circuit Court of Appeals; other appeals pending in D.C. Circuit and Second and Third Courts of Appeals.
  • Handling appeals in Second and Third Circuit Court of Appeals of a Clean Water Act Section 401 Water Quality Certification issued to interstate natural gas pipeline companies.
  • Representing a mining and minerals company in its pursuit of CERCLA contribution claims for costs of cleanup of lead, arsenic and cadmium in soil on residential properties alleged to have been caused by historical zinc smelting operations in Oklahoma.
  • Handling regulatory permitting, right of way acquisition including condemnation, and appellate matters as lead counsel for a pipeline looping project in Delaware and Pennsylvania for a large energy infrastructure company.
  • Advised on the creation of a joint venture between a finance partner and two operational partners that focuses on oil and other commodities trading.
  • Handling environmental, real estate, and oil and gas matters for a large energy corporation’s natural gas assets.
  • Advising an energy infrastructure investment firm on two different proposed natural gas-fired combined cycle combustion turbine electric power generating stations in Pennsylvania on issues relating to environmental permitting and local land use approvals needed to begin construction.
  • Advocated for and worked collaboratively with professional planners and politicians on behalf of a utility scale solar developer to draft and pass legislation to allow utility scale solar to be sites in multiple zoning districts (including agricultural zones) in New Castle County, Delaware.
 

Recognition

The group includes attorneys who have received the following recognition:

  • Chambers USA

    Chambers and Partners uses a team of more than 140 researchers to rank lawyers on the basis of their legal knowledge and experience, their ability, their effectiveness and their client-service.

  • Super Lawyers

    Super Lawyers selects attorneys using a patented multiphase selection process, utilizing 12 indicators of peer recognition and professional achievement.

  • Benchmark Litigation

    Benchmark Litigation employs researchers who conduct interviews with litigators and their clients, examine recent casework handled by law firms and ask individual litigators to offer their professional opinions on peers.

  • Best Lawyers

    Inclusion in Best Lawyers is based entirely on peer review, employing a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.

Trade Groups & Associations
  • Marcellus Shale Coalition
  • Pennsylvania Petroleum Association
  • Pennsylvania Aggregates and Concrete Association
  • Environmental Law Institute
  • American Nuclear Society
  • New Jersey Water Supply Authority
  • Delaware River Basin Commission

Contacts

Elizabeth U. Witmer
John P. Englert
James F. Modzelewski
John F. Stoviak