• Energy & Environment Litigation Case Examples

    American Tradition Institute and Rod Lueck, v. Epel, et al.

    In a decision affirmed by the US Court of Appeals for the Tenth Circuit (and written by then-Judge Neil Gorsuch, now a Justice of the US Supreme Court), the US District Court of the State of Colorado dismissed a complaint against the Colorado Public Utilities Commission for allegedly violating the Dormant Commerce Clause of the US Constitution. Analysis Group's internal expert opined about the changing character of regional electricity markets that serve Colorado and other parts of the United States.

    Analysis of Economic Feasibility of Proposed Coal Plant

    Analysis Group was retained by a large EPC (engineering, procurement, and construction) firm, which was the defendant in a breach of contract dispute brought by a public utility serving power systems in various states in the Midwest and Mid-Atlantic regions.

    Analysis of Property Values amid Allegations of Contamination

    Analysis Group was retained by a large utility facing a putative class action brought by private homeowners claiming that discharge from one of our client's facilities contaminated their properties and caused a reduction in their property values.

    Analyzing Safety Preparedness in High-Risk Work Environments

    Analysis Group consultants supported two specialists, one an expert in organizational behavior and the other an expert in organizational design, in related matters involving alleged liability for an industrial accident in the oil and gas industry.

    Assessing California Electricity Markets

    On behalf of several municipal-owned utilities, Analysis Group submitted two expert reports in a case before the Superior Court of California in Los Angeles County on the structure of California electricity markets and on certain transactions in the California electricity marketplace.

    AT&T Telecommunications Dispute over U-verse Equipment

    In a positive outcome for our client, a California Superior Court judge found that the City of San Francisco’s Board of Supervisors was justified in exempting an AT&T network upgrade from environmental review. Analysis Group’s internal expert prepared a declaration describing the potential benefits to consumers and the local economy.

    Bankruptcy Filing in the Offshore Drilling Industry

    Analysis Group was retained by a creditor of a large offshore drilling rig operator that had filed for Chapter 11 bankruptcy. Our client was disputing a bankruptcy plan proposed by the debtor and hired us to provide an oil price outlook in the context of the company's valuation.

    Calpine Corporation Bankruptcy Settlement

    Analysis Group's client, Calpine Corporation, received $97 million and a favorable 10-year gas supply agreement in a settlement of all claims related to the sale of its oil and gas businesses to Rosetta Resources.

    Central Basin Municipal Water District v. Metropolitan Water District of Southern California

    In a matter before the Superior Court of California, counsel for the Central Basin Municipal Water District retained Analysis Group to assess the environmental justice impacts of a regional water allocation plan that was proposed by the Metropolitan Water District of Southern California.

    Central Vermont Public Service Corporation and Green Mountain Power Corporation v. Entergy Nuclear Vermont Yankee

    Analysis Group was retained by counsel for Entergy in a dispute with Vermont utilities regarding two generation capacity reduction events (“deratings”) that occurred at the Vermont Yankee nuclear power plant.

    CFTC v. Hunter and FERC v. Hunter

    Analysis Group was retained by Kobre & Kim to work on behalf of Brian Hunter, the lead trader of Amaranth Advisors, LLC (Amaranth), in proceedings of the US Federal Energy Regulatory Commission (FERC) and related litigation by the US Commodities Futures Trading Commission (CFTC) involving claims of attempted manipulation and manipulation of the NYMEX natural gas futures contract price.

    City of Claremont v. Golden State Water Company

    In the first eminent domain case involving an investor-owned water utility tried in the state, a California Superior Court rejected a request by the City of Claremont to take, by eminent domain, the water system owned by Analysis Group's client Golden State Water Company. The City had brought suit against Golden State, arguing that customers would benefit from municipal ownership of the water system.

    Confidential Case Involving a Major Oil Company

    For a lawsuit against a major oil company accused of contaminating soil and groundwater, Analysis Group supported an academic expert in critiquing the plaintiff’s analysis of economic damages to property owners.

    Confidential Wetlands Contamination Case

    In a lawsuit against a petroleum refinery over industrial emissions at wetlands sites, Analysis Group worked with a prominent academic affiliate to review the literature on wetlands valuation and the benefit transfer methodology used in the plaintiff’s analysis.

    Damages Analysis Regarding Price Risk Management Strategy

    Analysis Group was retained by counsel for a large energy company (the seller) to analyze a natural gas price-risk management purchasing strategy that it had structured for a large industrial firm (the buyer). The buyer had sued the seller to recover alleged damages resulting from implementing the options-based component of the strategy.

    Economic Analysis in a Water Rights Dispute

    Counsel for a party in a water allocation dispute retained Analysis Group to analyze economic issues relevant to questions of allocation. With Analysis Group support, our academic affiliate provided analysis regarding key economic issues affecting resolution of the dispute.

    E. & J. Gallo Winery v. Encana Energy Services, et al.

    Analysis Group was retained by counsel for the plaintiff, E. & J. Gallo Winery, in litigation regarding an alleged conspiracy to exercise market power in natural gas markets in the state of California.

    Enviro Petroleum Inc. v. Kondur Petroleum, S.A.

    Analysis Group helped the defendant to achieve a favorable decision in an environmental dispute that was arbitrated in the International Chamber of Commerce International Court of Arbitration.

    Federal Trade Commission v. Volkswagen Group of America, Inc.

    As part of the largest false advertising case in the history of the Federal Trade Commission (FTC), an Analysis Group team supported its affiliate serving as an expert for the FTC in its suit against Volkswagen. The FTC ultimately negotiated a large settlement with Volkswagen over claims that the company had falsely advertised certain vehicles as compliant with emissions regulations and as environmentally friendly.

    FERC v. National Fuel Marketing LLC

    Analysis Group was retained by counsel to analyze National Fuel Marketing's participation in the 2007 Cheyenne Plains open season auction on pipeline capacity. The team also examined the Office of Enforcement's allegations of market manipulation, assessed National Fuel Marketing's compliance with FERC's "shipper must have title" requirement, and evaluated a proposed penalty of $4.5 million. 

    Market Analysis in a Contractual Dispute

    Analysis Group consultants supported an internal expert in a confidential matter related to an economic analysis of power markets. The expert was retained to evaluate the underlying market factors (such as electricity demand and the changing relative price of natural gas vs. coal and other fuels) driving generating asset retirement decisions, prices, and investment choices in the electricity market.

    Morgantown OL1 LLC, et al. v. GenOn Mid-Atlantic LLC, et al.

    Analysis Group was retained by the owner-lessors of two power plants to evaluate a debt restructuring arrangement by the lessee's parent as part of its bankruptcy proceeding.

    MTBE Water Contamination Litigations

    Analysis Group has provided economic analysis on behalf of major oil companies in multi-district and state matters involving allegations of contaminations of water supply by the gasoline additive methyl tertiary butyl ether (MTBE).

    Negotiations Regarding Insurance Coverage of Environmental Liabilities

    Analysis Group was retained by an insurer to provide support in settlement negotiations with an insured. These negotiations focused on the coverage of future environmental remediation costs at former manufactured-gas plant sites.

    SEC v. Mark A. Jackson and James J. Ruehlen

    In one of the few recent Foreign Corrupt Practices Act cases to be litigated, executives of Noble Corporation, an oil services company, faced allegations of improper payments to Nigerian customs officials in connection with the importation of oil rigs into Nigerian waters.

    Shareholder Derivative Suit Following an Operational Incident

    Analysis Group was retained by counsel for energy company executives being sued in a shareholder derivative suit stemming from penalties and other costs associated with an operational incident.

    Sheldon H. Solow v. W.R. Grace & Company

    In this case involving the calculation of damages stemming from the use of asbestos-containing fireproofing, Analysis Group assisted an academic affiliate in rebutting the plaintiffs' expert's claims regarding lost rent and diminution in property value.

    Solyndra Antitrust Litigation

    Analysis Group was retained on behalf of counsel for multiple Chinese solar panel manufacturers to investigate claims of predatory pricing and collusion that allegedly contributed to the 2011 bankruptcy of US solar panel company Solyndra.

    State of North Carolina, ex rel. Roy Cooper, Attorney General, v. Tennessee Valley Authority

    Analysis Group was retained by the Attorney General of the State of North Carolina in a public nuisance lawsuit brought against the Tennessee Valley Authority (TVA) to assess whether additional pollution control devices requested by the State of North Carolina were economically reasonable and financially feasible for TVA to implement.

    United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority

    An Analysis Group academic affiliate provided an economic analysis of solid waste “flow control” laws in a district court case over whether those laws violated the Commerce Clause of the US Constitution. Upon appeal, the US Supreme Court decided in favor of our clients, Oneida-Herkimer Solid Waste Management Authority and Oneida and Herkimer counties in New York State.

    United States of America v. EnergySolutions, Inc. et al.

    In one of the relatively rare instances in which an antitrust merger case has proceeded to trial, the US Department of Justice (DOJ) retained Analysis Group and its academic affiliate to analyze market definition and competition issues in the proposed merger of two close competitors in the specialized business of low-level radioactive waste (LLRW) disposal. Our affiliate found that the proposed transaction would substantially increase concentration and eliminate the competition that had demonstrably benefited customers, including nuclear power plants.

    United States v. Mark David Radley, et al.

    Analysis Group was retained by a joint defense group representing several former natural gas liquids (NGL) traders who were accused of manipulating and/or attempting to manipulate the market for propane (TET propane).

    White v. R.M. Packer Co., Inc.

    The First Circuit Court of Appeals upheld the US District Court's finding that gasoline stations on Martha's Vineyard in Massachusetts did not engage in price fixing or price gouging. Analysis Group was retained by the law firms Zizik, Powers, O'Connell, Spaulding & Lamontagne P.C.; Cooley Manion Jones LLP; and Peabody & Arnold LLP; on behalf of the four stations named in the complaint, to evaluate the plaintiffs' claims.