Boies Schiller Flexner has handled significant litigation matters within the energy sector throughout the country and overseas. For over 20 years, the firm has been a principal litigation counsel for one of the nation’s largest utilities and the country’s largest producer of renewable energy. We have litigated constitutional issues involving the commerce clause, contract disputes over uranium supply agreements, disputes over zero emission credits, and international arbitrations over construction of plants, as well as defended against class actions.
We have significant experience handling regulatory appeals in the energy field. We prevailed in the Florida Supreme Court on behalf of the state’s largest utility in a matter regarding the recovery of $130 million of environmental compliance costs, and we obtained unanimous affirmance of the base rate case settlement reached with the Public Service Commission. Recently, we secured an important appellate win rejecting claims that would have imposed an obligation on utilities with respect to timing for restoration of electricity in the aftermath of a storm.
Our partners successfully defended a consumer class action seeking over $1 billion based on allegations that Florida’s nuclear cost Recovery Act was preempted by federal law. The case was dismissed with prejudice and the dismissal was affirmed on appeal by the 11th Circuit. We also represent a purchaser of uranium in contract litigation in Wisconsin federal court, securing a summary judgment enforcing the assignability of benefits.
Independent power producers seek our counsel when facing commercial disputes. We represent an energy producer in a contract dispute brought by California utility over pricing issues and alleged environmental violations, which resulted in a settlement substantially less than the $1 billion sought by the plaintiff.