James Orr, a member of Sutherland's Litigation Practice Group, has more than 20 years of experience in the field of energy litigation representing clients in a wide variety of judicial and regulatory proceedings at both the state and federal level. James has a long history of representing electric cooperatives and is a frequent speaker to cooperatives and their lawyers. He advises clients on a host of energy-related issues.
Representative Experience
James's recent representative experience includes:
· Participating in more than 20 trials involving claims arising under Georgia's Territorial Electric Service Act.
· Defending an electric utility in one of the first personal injury lawsuits in the country claiming that electromagnetic fields from power lines cause cancer.
· Representing 38 electric cooperatives in a suit to enforce rental and operational terms under a joint-use agreement with a telephone company.
· Representing an electric transmission utility in a challenge to a governmental ban on certain types of transmission lines.
· Representing electric utilities in several cases against municipalities involving the assessment of franchise fees and occupation taxes.
· Representing energy clients in government contract disputes involving competitive bidding laws.
· Defending an independent power producer in a nuisance case claiming noise and other pollution from a combustion turbine plant.
· Defending an independent power producer in a contract dispute involving a co-generation facility.
· Defending an international oil and gas producer and liquefied natural gas (LNG) importer in claims by local distribution companies (LDC) that LNG causes safety concerns and other harms to the LDC distribution system, and that LNG importers should bear the costs associated with repairing any damage to the distribution facilities.
· Representing electric utilities in various state regulatory proceedings.
· Defending electric utilities in an antitrust challenge to an electric industry structure in Georgia.
· Defending a utility in a challenge to incentive-based practices used by electric utilities.
· Representing a utility in one of the first "stranded cost" cases before the Federal Electric Regulatory Commission (FERC).
Professional Honors and Awards
· Named to The Best Lawyers in America in the area of energy law
· Selected for inclusion in Georgia Super Lawyers®
Recent Publications and Speaking Engagements
· Co-author, "Municipality Monopoly Is Not Fun for Everyone," Law360 (February 24, 2012)
· Author, Georgia Territorial Act Newsletter
· Author, "The Use and Abuse of Scientific Evidence," Georgia Bar Journal, Premier Issue (1995)
· Author, "Trends in Electric Utility Competition Litigation," Natural Resources & Environment (1994)
· Speaker, Webinar: "Patronage Capital Litigation" (July 20, 2010)
· Speaker, Territorial Act Seminars
· Speaker, EMC Legal Seminars
Industries
Electric Power
News
Sutherland's New Blog Captures Cutting-Edge Developments in Coop Industry
May 23, 2011
Sutherland Attorneys Named 2010 Georgia Super Lawyers and Rising Stars
March 1, 2010
Legal Alerts
Legal Alert: Tenth Circuit Says Customer Is "Stuck Between a Rock and a Pile of Sewage": Tying Suit Against City Moves Forward After U.S. Supreme Court Declines to Hear Appeal
February 7, 2012
Legal Alert: Sierra Club Wins Challenge to RUS Approvals of Coop Plant Expansion
April 20, 2011
Legal Alert: New Patronage Capital Case Hits North Carolina Coop
March 9, 2011
Legal Alert: Public Service Commission Affirms Hearing Officer's Decision that a Switch from Master Meter to Individual Metering of Apartments Does Not Impact Territorial Rights
September 2, 2010
Legal Alert: Sierra Club Challenges RUS Lien Accommodation Regulation
August 26, 2010
Legal Alert: Plaintiffs Re-File Patronage Capital Lawsuit in Missouri and Add Generation Cooperative as a Defendant
August 19, 2010
Legal Alert: Patronage Capital Lawsuits Against Electric Cooperatives on the Rise
August 19, 2010
Legal Alert: Plaintiff Class Sues All South Carolina Coops Over Patronage Capital
June 11, 2010
Legal Alert: Patronage Capital Lawsuits Against Electric Cooperatives on the Rise
January 28, 2010
Legal Alert: FERC Seeks Comments on Expanding Reporting Requirement to Cooperatives and Others
January 25, 2010
Legal Alert: Federal Courts Conflicted on Climate Change Litigation
November 23, 2009
Legal Alert: Sierra Club Challenges RUS Coal Plant Approvals
August 10, 2009
Legal Alert: Aggrieved Bidders Under the State Purchasing Act Must File Protest Within 10 Days
July 20, 2009
Legal Alert: Treasury Issues Guidance for Renewable Energy Grant Program
July 13, 2009
Legal Advisory: Do EMC Security Deposits Provide Adequate Protection in These Economic Times?
July 8, 2009
Legal Alert: FTC Red Flag Rules Applicable to Electric Cooperatives Go Into Effect May 1, 2009
April 6, 2009
Legal Alert: Contract Required for Customer Choice Loads, But Request for Service Form May Suffice
March 18, 2009
Legal Alert: Georgia PSC Approves New GUFPA Regulations for Large Projects
February 26, 2009
Legal Alert: Georgia Superior Court Strikes Down Permit and Requires Greenhouse Gas Controls at Coal-fired Power Plant
July 7, 2008
Legal Alert: More PURPA Hearings Required on New Federal Standards
June 16, 2008
Legal Alert: Regulators' Award of Renewable Energy Credits to Power Purchasers Survives Constitutional Challenge
October 31, 2007
Legal Alert: New Model Agreement Promises to Expedite Trading of Renewable Energy Credits
March 5, 2007
Legal Alert: Court Ruling Clouds Power Producers Ownership of Renewable Energy Credits
January 31, 2007
Legal Alert: Florida Moves to Open Wholesale Electric Marketplace to Renewable Energy Suppliers
January 23, 2007
Legal Alert: Georgia Energy Strategy Identifies Business Development Opportunities for Energy Sector
January 17, 2007
Legal Advisory: Hurricane Season is Here; Are Your Supply Contracts Ready?
September 20, 2006
Legal Alert: Georgia Court of Appeals Upholds Decision that Grandfather Rights Are Not Dependent on Most Recent Use of Premises
November 21, 2005
Publications
Municipality Monopoly Is Not Fun for Everyone
February 24, 2012 Reprinted with permission Law360
Georgia Territorial Act Newsletter
August 2009
Georgia Territorial Act Newsletter
January 2008
Georgia Territorial Act Newsletter
September 2005
The Use and Abuse of Scientific Evidence
1995 Reprinted with permission Georgia Bar Journal, Premier Issue
Trends in Electric Utility Competition Litigation
1994 Reprinted with permission Natural Resources & Environment
Events
Webinar: Patronage Capital Litigation
July 20, 2010
2010 Territorial Act Seminar
March 18, 2010
2008 Territorial Act Seminar
2008
2008 EMC Legal Seminar
2008
2006 Territorial Act Seminar
February 7, 2006
ELECTRIC COOPERATIVES