Emil Barth

Emil Barth's law practice incorporates a broad range of regulatory, infrastructure development, litigation and transactional matters specific to the energy industry. The clients he represents include major electric, natural gas, oil, mining and renewable energy companies. Mr. Barth has represented clients in connection with energy and environmental matters before the Federal Energy Regulatory Commission (FERC), U.S. Department of Energy (DOE), U.S. Department of Commerce (Commerce), U.S. Army Corps of Engineers (Army Corps), U.S. Coast Guard (Coast Guard) and other federal and state regulatory agencies, as well as federal and state courts.

Prior to attending law school, Mr. Barth worked as an assistant in the White House Office of the Chief of Staff and as an associate at a public relations firm.

Electric

• Electric transmission developer – permitting of a major transmission project before DOE and the Army Corps; advice on Presidential Permit, National Environmental Policy Act, Clean Water Act, Endangered Species Act and Rivers and Harbors Appropriation Act issues
• Merchant electric generation company – AAA arbitration of dispute with electricity purchaser over terms of a tolling agreement
• Electric generation company – agreement for new fuel supply facilities; agreement regarding payment obligations during force majeure event
• Major electric power company – multi-state energy regulatory diligence reviews in connection with potential acquisition
• Major electric power company – DOE loan guarantee application in connection with a renewable energy project
• Electric generation company – electric supply arrangement for wind farm project
• Electric transmission owner group – Order No. 1000 compliance proceedings before FERC
• Electric power trader company – FERC enforcement investigation
• Electric generation company – state reliability standards compliance proceeding

Natural Gas

• Natural gas marketing company – protest of pipeline’s tariff and practices before FERC and negotiation of settlement
• Natural gas marketing company – negotiation of interstate pipeline anchor shipper agreement
• Major oil and gas company – advice on DOE and FERC regulatory and policy issues associated with investment in LNG liquefaction and export facilities
• LNG import terminal project developers – permitting of an LNG import terminal before FERC, the Army Corps and the Coast Guard; Coastal Zone Management Act appeals before Commerce; federal circuit court appeals and defense of suit in federal district court regarding FERC Section 3 authorizations and National Environmental Policy Act, Clean Water Act and Coastal Zone Management Act issues
• Natural gas producer group – natural gas pipeline Section 4 rate case proceeding before FERC
• Natural gas local distribution company group – natural gas pipeline Section 5 rate investigation before FERC
• Natural gas pipeline developer – gas quality proceedings before FERC

Oil, Mining & Other Matters

• International mining company – dispute over extent of coal assets classifiable under the JORC Code
• Crude oil shipper – litigation of Interstate Commerce Act rate issues
• Crude oil midstream company – representation before the Commodity Futures Trading Commission and the Federal Trade Commission in connection with investigation proceedings
• Major financial institutions – due diligence reviews in connection with public equity and registered debt offerings by major oil and natural gas limited partnerships

Recognized as "Up & Coming" for Energy: Oil & Gas (Regulatory & Litigation) in Chambers USA, 2021, 2022 & 2023

Recognized as a "Next Generation Partner" by The Legal 500 U.S., 2022

Recognized as a "Rising Star" by The Legal 500 U.S., 2020 & 2021