Energy Litigation

Go-To Counsel for High-Stakes Energy Disputes Across the Energy Industry

McGuireWoods represents energy industry clients — those who explore, develop, produce, store, market, transport and process energy resources — in high-stakes, high-profile litigation across the United States and internationally. Our energy litigators work hand in hand with the firm’s transactional, regulatory and environmental attorneys, giving clients a single team that understands both the courtroom and the boardroom. This integrated model is why leaders in the energy sector keep coming back to McGuireWoods.

IIn collaboration with affiliate McGuireWoods Consulting, our team of lawyers and governmental affairs professionals brings deep familiarity with environmental regulatory programs, energy project development, and the generation and exchange of greenhouse gas credits and offsets — context that sharpens every litigation strategy we build.

How We Help

We analyze, advise and develop strategy with real-sector experience to resolve a diverse range of energy disputes, including:

  • Climate Change Litigation — Defense against nuisance, toxic tort and climate change claims, including challenges to federal and state regulations under the Clean Air Act and other environmental statutes.
  • Condemnation & Eminent Domain Litigation — Eminent domain and right-of-way acquisition matters involving pipelines, transmission lines and natural gas storage facilities.
  • Construction — Construction and contractual disputes involving oil & gas, electric, solar, wind, battery storage and other energy projects.
  • Crisis Management & Incident Response — Catastrophic incident response, personal injury, wrongful death and mass tort defense arising from energy operations, including pipeline explosions, battery storage thermal runaway incidents and wildfires.
  • Employment Litigation — Wage and hour collective actions, discrimination claims and other employment disputes affecting energy employers.
  • Energy Enforcement & Regulatory Counseling and Government Investigations & White Collar Litigation — Defense of FERC and other federal and state agency investigations, enforcement proceedings and related litigation involving energy companies.
  • Insurance Recovery — Securing coverage for property damage, business interruption and environmental liabilities on behalf of energy companies and limiting exposure through indemnity and additional insured coverage. 
  • International Dispute Resolution & Arbitration — Cross-border disputes and complex international arbitrations involving energy assets and operations.
  • Oil & Gas Litigation — Royalty disputes, lease interpretation, mineral rights and complex commercial claims across upstream, midstream and downstream operations.
  • Trade Secrets & Restrictive Covenants — Protection of proprietary technologies, processes and confidential business information in the energy sector, including litigation involving trade secret misappropriation.

Representative Experience

Our courtroom results speak for themselves. Select representations include:

  • Landmark Victory — $1.5 Billion in Punitive Damages Vacated. Secured on behalf of a major integrated energy company the vacation of $1.5 billion in punitive damages — the largest in Maryland state court history — arising from a water supply contamination claim.
  • Defense Verdict in $165 Million Drilling Dispute. Representation of an American independent natural gas and petroleum exploration company in a claim related to the drilling of a 15,000-foot gas well at an allegedly unapproved location. After an eight-day trial, a unanimous jury rejected the trespass claim and awarded the plaintiff just one penny in damages.
  • $1 Billion Refinery Incident Defense. Served as co-lead counsel for an international oil and gas company in a $1 billion lawsuit filed by a municipality and 35,000 area residents after a major refinery fire in California. Led the team that defeated the municipality’s first-of-its-kind claim for lost tax revenue, resulting in a favorable settlement.
  • Complete Defense Verdict in Wrongful Death Action. Obtained a unanimous and complete defense verdict on behalf of a major exploration company in New Mexico, where plaintiffs sought more than $20 million in punitive damages.
  • Gas Utility Crisis Response — Merrimack Valley. Representation of a major natural gas utility holding company and its regional utility subsidiary in the Merrimack Valley gas explosions — which destroyed more than 80 homes, caused at least one death, multiple injuries and the evacuation of 8,600 residents — managing the emergency response and all resulting litigation.
  • Climate Change & Greenhouse Gas Defense. Representation of electric generating companies and the largest U.S. trade association for the oil and natural gas industry in landmark lawsuits alleging nuisance and tort claims related to greenhouse gas emissions, including obtaining victories that culminated in a U.S. Supreme Court opinion addressing federal common law claims related to greenhouse gas emissions.
  • Precedent-Setting Class Certification Victory. Secured the vacating of class certification in five classes related to coalbed methane royalty litigation, establishing new precedent on the burden and rigor required under Rule 23.
    LNG Facility Incident Response. Representation of an international energy company in response to an explosion at its liquefied natural gas exporting facility in Texas, leading the root cause investigation and responding to regulatory inquiries from the Chemical Safety Board, PHMSA and FERC.
  • Seismicity Litigation Dismissal. Won a complete dismissal for an energy company in a federal lawsuit in Oklahoma alleging that underground injection of saltwater contributed to increased earthquake activity, with the court agreeing that it was ill-equipped to outperform the Oklahoma Corporation Commission.
  • Pipeline Condemnation — $1 Nominal Damages. Secured an award of only $1 in nominal damages in defense of a major North American energy company in a condemnation dispute, and subsequently won summary judgment on parallel trespass and unjust enrichment claims.

McGuireWoods represents clients across the energy sector in high-stakes litigation, led by first-chair lawyers who have tried hundreds of cases, attorneys who are experienced in navigating the regulatory infrastructure and former U.S. Supreme Court clerks who advise on cutting-edge appellate strategy.