Baker Botts has played a significant role in the evolution of the energy industry from its earliest days. Combining over 100 years of experience in the energy industry with the firm's preeminent litigation capabilities, our litigation practice has grown and diversified with the industry, and today we are one of the world's leading law firms serving the needs of clients in all phases of the energy business. We have handled litigation for producers, processors, transporters, distributors and marketers of all forms of energy – oil, natural gas, natural gas liquids, coal and electricity – as well as for the many different service companies that support these activities. From a predominantly domestic enterprise, the oil and gas industry has expanded worldwide with connections to thousands of businesses, while the electricity industry continues its evolution from strictly regulated monopolies to open markets. Baker Botts has similarly expanded its depth, skill and geographic reach to meet the new challenges and global needs of its clients.
We have a long history of representing clients before federal and state trial and appellate courts and before federal and state regulatory bodies and before arbitration panels around the globe.
Representative Cases
Upstream Oil and Gas Operations
drainage claims
claims for alleged trespass
asserting and defending claims of lease terminations
injunction suits to prevent drilling within coal a combustion disposal site
disputes over interpretations of and operations under joint operating agreements
alleged failures to meet reasonably prudent operator standards
alleged flooding of gas wells during creation of underground caverns for a gas storage facility
Royalty Disputes – Private Litigation
federal qui tam cases claiming undervaluation of natural gas and crude oil produced on federal leases
federal multidistrict class actions by royalty owners alleging underpayments by using posted prices to calculate royalty payments
federal qui tam cases claiming intentional undermeasurement of gas production
class action challenging deduction of post-production costs before royalties are calculated
Royalty Disputes – Government Actions
challenges to oil and gas valuation rules implemented by the Department of the Interior
Texas attorney general class action alleging Common Purchaser Act and antitrust violations
Department of the Interior challenge of affiliate transactions to value production for royalty calculations
State of Wyoming suit to recover royalty payments on take-or-pay settlements
State of Alaska suit alleging underpayment of royalties
Challenges to Department of the Interior oil and gas valuation orders
Supply Contract Litigation
disputes over long-term lignite and coal supply contracts
suit over termination of a gas supply contract in California during the energy crisis in 2000
defense of attempted termination of a gas purchase contract
litigation over the effect of FERC Order 636 on a long-term purchase contract
coal price arbitrations
Service Contract Litigation
Energy Project Construction Disputes
multiple trials over the design and construction of the South Texas Nuclear Project
federal suit over the design and construction of the River Bend Nuclear Plant
disputes over petrochemical plant engineering and construction contracts
state and federal court proceedings regarding authorizations for siting of gas pipelines and LNG terminals
Downstream Operations and Contracts
representation of the BP Process Safety Review Panel
service station dealer litigation alleging violation of the open price term provisions of the Uniform Commercial Code
service station dealer class action over alleged delivery of contaminated gas
litigation between joint venture owners of a propylene oxide manufacturing facility
Petroleum Marketing Practices Act litigation for petroleum franchisors
Market Manipulation and Consumer Price-Fixing Litigation
multidistrict class action lawsuits arising from the California Energy Crisis alleging manipulation and conspiracy to manipulate electricity and natural gas prices
class action alleging conspiracy between a local distribution company and suppliers to artificially inflate the cost of regulated retail natural gas
allegations of market manipulation and conspiracy in the electricity procurement auction in Illinois on behalf of a power marketer
Regulatory Reviews and Rate-Making Proceedings
pipeline rate-making proceedings
oil and gas pipeline certificate and permitting proceedings
prudence reviews of construction and operating expenses
electricity generation and transmission rate-making proceedings
electricity transmission open access proceedings
Government Investigations and Litigation
defense of first-ever criminal charges brought under the Commodity Exchange Act for alleged manipulation of electricity prices
multiple investigations, proceedings and lawsuits by the FERC, CFTC, SEC, U.S. attorney and state attorneys general alleging manipulation of electricity and natural gas prices during the California Energy Crisis in 2000-2001
investigation of alleged falsification of a nuclear plant safety analysis
Department of Justice and SEC investigations into alleged violations of the Foreign Corrupt Practices Act
Transnational Litigation
ICC arbitration with a host government involving claims of breach of a production sharing agreement, reservoir mismanagement and environmental damages
defending suits alleging breach of joint venture agreements to develop natural gas fields in Russia
ICC arbitration over the construction and operation of a Guatemala power plant