Regulatory & Compliance

Sutherland draws on energy regulatory, compliance and enforcement attorneys to reconcile commercial and regulatory interests and meet business goals.

Sutherland offers energy industry clients the regulatory and compliance services they need to solve critical business challenges. Sutherland's energy regulatory lawyers often appear before federal and state regulators; our energy transactional attorneys understand the unique characteristics of energy industry transactions; our corporate attorneys frequently counsel energy trading companies on structured deals, mergers and acquisitions and a variety of related transactions; and our litigation attorneys provide strategic insight from the very beginning as well as aggressive advocacy when needed.

The result is a team that quickly and effectively reconciles the commercial and regulatory aspects of energy transactions with the relevant compliance and enforcement issues. For our clients, this means minimal business complications in their dealings with FERC, CFTC, EPA, DOT, SEC, FTC, BOEMRE and state regulators. We regularly aid in a range of matters, from record keeping and reporting to developing comprehensive risk management programs.

The Dodd-Frank Act represents the greatest change in the field of compliance and regulation and it affects every part of the energy industry. We spare no effort in helping our clients through this new regulatory landscape. Dodd-Frank’s rules and enforcement mechanisms are still evolving. We offer detailed monitoring and daily notices of developments at the CFTC, customized analysis for individual clients, and we host working sub-groups specific to various areas of the Act.

Why Sutherland
Industry experience. For decades Sutherland has managed the affairs of energy industry clients. Because we know the business, we understand what the client needs are, what the commercial interests involved require and what the regulatory environment is like. This enables us to provide practical, effective advice that minimizes any regulatory negative impact.

Regulatory familiarity. Our ability to design and implement sound regulatory, legislative and executive branch representation creates real results.

Dodd-Frank representation. As counsel to a large, cross-sector group of major commercial energy firms, Sutherland is positioned at the forefront of industry advocacy, giving us a significant voice in the development of future regulations and reform of existing rules. Connected as we are to both the major commercial interests and the regulators, Sutherland offers clients advice not only on where the law stands today but we can also suggest where it may well be going tomorrow.

Multidisciplinary practice. Sutherland's energy clients rely on the skills of lawyers across our firm—not only those in energy, but also those engaged in maritime law, taxation and litigation, among other practice areas.

Nuts and Bolts
We regularly represent clients before federal regulatory bodies including:

  • Federal Energy Regulatory Commission (FERC)
  • Commodity Futures Trading Commission (CFTC)
  • Environmental Protection Agency (EPA)
  • Federal Trade Commission(FTC)
  • Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE—formerly  known as Minerals Management Service [MMS])
  • Securities and Exchange Commission (SEC)

We also represent clients before public utilities commissions for many states including:

  • Texas
  • California
  • Georgia
  • Iowa
  • New Jersey

We represent clients on the following commodities:

  • Crude and refined oil products
  • Natural gas
  • Natural gas liquids
  • Liquefied natural gas
  • Electric power
  • Renewable energy
  • Biofuels
  • Emissions allowances

Take Action
Sutherland's multidisciplinary approach to energy regulation and compliance offers clients a one-stop-shop that saves time and money. Relying on decades of federal and state regulatory experience and our position at the forefront of developing energy regulation, we offer a level of service that protects our clients from avoidable complications.

Selected Experience
Sutherland represents a leading voice of the energy sector.
Sutherland advocates on behalf of a group of major commercial energy firms regarding the implementation of, and compliance with Dodd-Frank. Members include global energy companies, producers, processors, public utility holding companies, traders and power producers—all of whom are primarily in the business of delivering physical energy commodities to others. Our representation focuses on advocacy matters before the CFTC and development of strategies for implementing and complying with Dodd-Frank, including the development of industry standard practices, transactional issues and potential enforcement issues.

Advises Oglethorpe Power Corporation on complex natural gas transactions and issues associated with obtaining pipeline capacity to supply its gas-fired power generation capacity.
Counsels Oglethorpe Power Corporation on the complex natural gas transactions associated with its gas-fired power generation capacity.  We advise on FERC regulations and policies on the construction and acquisition of interstate pipeline capacity, asset management agreements, and compliance with capacity release regulations.

Sutherland provides counsel on pipeline capacity issues.
Sutherland advised its client and negotiated on its behalf with Sabine Pass regarding FERC’s pipeline transportation capacity policies and compliance issues related to the operation of liquefaction and export facilities.

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§  “Diversity at Sutherland Asbill & Brennan LLP” to “Diversity at Eversheds Sutherland (US) LLP”

§  “Diversity” section:

o   The firm’s emphasis on diversity is reflected in numerous ways throughout the firm, such as the manner in which we recruit lawyers and other employees, our work-life policies and our professional service efforts. We have been recognized for our achievements in diversity.  More importantly, we understand the significant role a diverse community plays in the firm's growth and development.

§  “Our Awards and Recognitions” section:

o   Eversheds Sutherland (US) LLP continues to be recognized for its efforts to promote diversity in the workplace and in the legal profession. In 2016 we were named a “Best Place to Work for LGBT Equality,” having earned a perfect 100 score on the Human Rights Campaign’s Corporate Equality Index, and we also were ranked a Top 100 Firm for Minority Attorneys by Law360. In addition, the firm was awarded the Gold Standard Certification for the fifth consecutive year by the Women in Law Empowerment Forum.

§  “Our Commitment” section:

o   Eversheds Sutherland (US) LLP is committed to promoting diversity within the firm and in the legal profession.  We believe that diverse skills, knowledge and viewpoints make us a stronger, more productive law firm.  We hire and promote qualified lawyers and other professionals regardless of race, color, national origin, religion, disability, gender, gender identity or sexual orientation.  We understand that diversity enhances our value to clients by allowing us to staff our client teams with professionals who possess broad experiences and a spectrum of perspectives.

o   Eversheds Sutherland (US) LLP has a cross-office Diversity Committee with responsibility for supporting and enhancing our firm culture.  Our committee has helped coordinate and lead a number of efforts to advance diversity within our firm and the community. Affinity groups at the firm serve as support networks for attorneys of color; women lawyers; and gay, lesbian, bisexual and transgender attorneys.

o   We are committed to working with our clients as they pursue the common goal of a professional workplace where opportunity is available to all.

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