Government Regulations and Public Policy

The experience and the communications network of our Energy Industry Team can help keep your projects in compliance with governmental requirements and in balance with the public's expectations. We have a long history of representing utilities and energy companies in the federal, state, and local regulatory aspects of the energy business. Our extensive familiarity with the industry positions us to tackle complex energy matters by communicating effectively with industry experts, regulators such as the Federal Energy Regulatory Commission (FERC), the Department of Energy (DOE), Committee on Foreign Investment in the United States (CFIUS) the courts, and the public, and to develop practical approaches to achieving your business objectives. Specifically:

FERC: We represent electric, natural gas, and hydroelectric clients in a variety of matters at FERC and the DOE, and in appeals from FERC decisions. Our attorneys have been at the forefront of the independent system operation (ISO) markets; have addressed natural gas pipeline operations and distribution in traditional rate, tariff, certificate, and abandonment proceedings under Section 4 and 7 of the Natural Gas Act and FERC’s Order Nos. 636 and 637; and provide counsel to owners and operators of hydroelectric generating facilities throughout Wisconsin and Michigan’s Upper Peninsula.

Environmental Regulation: We have the experience in environmental permitting and federal, state, and local compliance necessary to facilitate the construction and continued operation of a range of energy industry facilities. We also have experience in contaminated site clean-up for manufactured gas sites, as well as the brownfields redevelopment of contaminated sites. Foley attorneys routinely provide counsel on air emission credit trading to facilitate continued, expanded, or new plant operations. We also have experience in securing various site approvals and monitoring federal, state, and local environmental compliance associated with the siting of new energy industry facilities.

Public Policy and Government Relations: The Public Policy practitioners and attorneys on our Energy Industry Team provide a full range of services to help you achieve your legislative and public policy goals in and before every branch of government — from the U.S. Congress to the state legislature to local administrative and regulatory bodies. We provide counsel and representation to ensure that you are in full compliance with federal, state, and local laws governing campaign contributions, lobbying, public ethics, and related regulations.

Government and Public Finance: Long recognized as a leading provider of legal opinions in all sectors of the municipal and public finance markets, Foley can provide financial advantages in your efforts to achieve environmental compliance, brownfields redevelopment, or partnerships with private and public entities to pursue desirable energy outcomes.

Siting and Permitting: Our attorneys are well versed in the political, social, and environmental factors that surround site selection, certification, and permitting of new transmission and generation facilities. We advocate a flexible, realistic approach that combines a thorough understanding of technical and timeline requirements, legal constraints and opportunities, public sensitivities, and political realities. We are skilled at communicating with the public and working with regulators, technical professionals, expert witnesses, consultants, and parties who may oppose the project.