Practice/Industry Group Overview
Kutak Rock’s litigators have developed a wealth of experience in litigating energy matters in federal and state courts nationwide, including cases involving biofuels, ethanol, fossil fuels, geothermal, natural gas, nuclear, solar and wind. Public utilities, government agencies and independent energy companies rely on our understanding of the industry to help them develop, implement and manage effective legal and risk avoidance strategies. We have assisted our energy clients with a wide range of litigation issues, including construction, eminent domain, employment, environmental, general commercial, patent and intellectual property, product liability and traditional tort. In addition, we have extensive experience in alternative dispute resolution, arbitration and mediation for clients who prefer to avoid litigation.
With our Energy and Environmental Group’s vast experience in a wide range of proceedings, we have represented:
- An energy finance company in a $100 million commercial arbitration involving the design and engineering of geothermal power plants.
- A client involving a Turnkey EPC Agreement for a 50-megawatt combined-cycle, natural gas-fired cogeneration power facility.
- A client in multimillion-dollar litigation involving financing and construction issues for an 830-megawatt natural gas-fired combined cycle electric generation plant.
- A natural gas public utility in an eminent domain proceeding in which FERC authorized the expansion of the client’s natural gas storage facilities to include over 9,000 additional acres.
- An energy finance company and obtained a multimillion-dollar verdict in a bench trial for them against defendants who wrongfully distributed company information and financial data and solicited the company’s customers.
- A wind farm maintenance firm and obtained a successful settlement for them in defense of a negligence action concerning the collapse of a wind turbine.
- A municipality in defense of its green energy building code against a federal preemption challenge in a first-of-its-kind case.
- An ethanol supplier in dispute with its short-line railroad regarding corn transportation terms.