Practice Areas: Energy Litigation

McGuireWoods LLP has consistently been engaged in a remarkable volume of high-stakes, high profile litigation in the coal, coalbed methane gas, natural gas, pipeline, cogeneration, alternative energy and electric industries. We have also been engaged for regulatory matters and internal investigations, particularly in the electric, nuclear and alternative energy industry. Our Energy Litigation Group has a stable of trial lawyers with in-depth knowledge, but McGuireWoods’ strength is its ability to employ a team to handle the most difficult and cutting edge substantive and procedural issues across the energy sector.

The Energy Litigation Group integrates the team’s highly respected trial lawyers with transactional lawyers, mineral rights lawyers, the Energy and Climate Change Team, and one of the leading government investigations practices. This approach has resulted in a model that keeps leaders in the energy sector coming back to us for advice and representation. With resources centered in Texas, Pennsylvania, Virginia and North Carolina, we have the geographic flexibility to provide services to clients throughout the United States. Areas of experience include:

Representative Matters

• Representation of large energy companies in multiple class action gas royalty cases pending in the Western District of Virginia and Ohio. These cases include constitutional challenges and claims for breach of contract, fraud, conspiracy, and unjust enrichment involving deductions associated with royalties paid to gas lessors and forward gas contracts.
• Representation of a large energy company in a Natural Gas Act condemnation case involving a gas storage field in Ohio. The Court granted partial summary judgment.
• Representation of a large energy client involved in condemnation proceedings for construction of a 500 kV electric transmission line across more than 200 parcels of land. In addition to condemnation proceedings in these cases, McGuireWoods completed a comprehensive analysis of related easements to expedite the transmission line's construction.
• Representation of a coal and gas company in a 14-count case pending in Greene County, Pennsylvania, which includes claims that the seminal (CBM) Hoge case should be overturned. It includes a horizontal trespass claim based on allegations that CBM outside the main bench of the Pittsburgh seam is not part of the Pittsburgh seam and a quiet title claim related to a boundary dispute. Partial summary judgment was granted upholding the CBM Hoge decision.
• Representation of a coal and gas company in a multi-count case in the Western District of Virginia alleging that defendant dumped contaminated water into mine voids when they did not have a legal right to do so.
• Representation of a utility in litigation claiming that global warming and Hurricane Katrina were the result of activities related to energy industry companies.
• Representation of a utility sued over the use of fly ash in the construction of a golf course. This case has been brought by 450 plaintiffs alleging nuisance, property damage and personal injury. The case currently is pending, but all ground water and personal injury claims have been dismissed on motion to dismiss.
• Representation of a large energy company in civil investigative demand (CID) for information and documents from the Attorney General of the Commonwealth of Virginia regarding the company's exploration, production, transportation and sale of coalbed methane gas in Virginia and whether the company may have violated the Virginia Antitrust Act. The CID was ultimately withdrawn.
• Representation involving one of the largest energy companies in the United States against a putative class action alleging an antitrust conspiracy to receive favorable treatment from an interstate natural gas pipeline. Defeated class certification and obtained dismissal of virtually all antitrust claims, ultimately leading to an extremely favorable settlement.
• Representation of a utility in a two-week trial in Bankruptcy Court in the U.S. Bankruptcy Court in the Northern District of West Virginia involving a $750 million breach of contract claim concerning coal supply contracts which also sought land reclamation and water remediation and water treatment damages. The verdict was in favor of utility and in favor of the utility on cross claim for $90 million. This verdict was affirmed by the District Court.
• Representation of a utility in an electric contact case where the utility was dismissed on special plea based on application of the Overhead High Voltage Line Safety Act.
• Representation of an electric utility client in multibillion dollar civil litigation with minority owners arising from the construction of a nuclear power plant in North Carolina. The case involved all aspects of nuclear plant construction.
• Regular representation of numerous coal producers, coal transporters and utilities in disputes involving substantially all aspects of coal supply agreements, including price, tonnage, quality, mine opening matters, force majeure, transportation, termination, arbitration, damages and remedies.