Energy Regulatory

Baker Botts’ Energy Regulatory Practice extends to all aspects of federal and state regulation affecting producers, shippers, integrated utilities, energy merchants, midstream operators and transporters, distributors and consumers of energy in virtually all its forms, as well as developers of infrastructure projects and investors in and lenders to the energy sector.

Regulatory experience is a critical component in the structuring, development and financing of energy projects and in the acquisition, disposition and commercialization of energy assets. With our understanding of the statutes and regulations that affect the power, renewable energyoil & gas, LNG, hydrogen and pipeline and electric transmission markets, Baker Botts lawyers are able to help clients identify important regulatory considerations, develop strategies to address regulatory issues and implement those strategies.

Our lawyers practice before the Federal Energy Regulatory Commission, the Department of Energy, the U.S. Securities and Exchange Commission and the U.S. Department of the Interior, routinely dealing with other agencies with jurisdiction over energy projects and facilities, such as the U.S. Department of Transportation (pipeline safety, offshore LNG), the U.S. Army Corps of Engineers, the U.S. Minerals Management Service (royalties, pipeline rights-of-way), the U.S. Department of Commerce and the U.S. Coast Guard (waterways, safety of harbors).

Baker Botts lawyers also handle district court litigation related to federal regulatory issues and appellate cases arising from review of both lower court decisions and agency orders. Beyond U.S. federal agencies and courts, Baker Botts lawyers handle state regulatory proceedings in select jurisdictions and have appeared before the National Energy Board of Canada. Additionally, lawyers in our London office are skilled in handling U.K. regulatory matters and have experience in dealing with European and other energy regulatory regimes internationally.

We have taken part in the rulemakings central to the restructuring of the natural gas and electric power industries as well as recent initiatives to promote renewable technologies such as wind power. We are well-versed in the regulatory issues influencing the development and commercialization of renewable power project development, implementation of cleantech products and services such as smart grid and related smart technologies and carbon capture and storage processes. Our experience representing clients in navigating the complexities of current policy initiatives, as well as our advocacy efforts through various energy-related associations and organizations for both traditional and emerging energy companies, provides valuable insight into the changing regulatory regime and the direction of future policy.


Related Experience


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Thought Leadership

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FERC Reaffirms Support for Emerging Technologies


On March 18, 2021, FERC reaffirmed its prior decision enabling the participation of emerging technologies in the energy, capacity, and ancillary services markets operated by RTOs and ISOs. These emerging technologies include electric storage, distributed generation, demand response, energy efficiency, thermal storage, and electric vehicles and associated supply equipment.



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ACORE Grid Forum

Baker Botts is proud to be a sponsor of the ACORE Grid Forum Virtual Event on November 17-18.

GCPA Fall 2020 Virtual Conference

Baker Botts is proud to be a Platinum Sponsor of the GCPA Fall 2020 Virtual Conference on September 29 - October 1. 

ERCOT Market Summit

Baker Botts is proud to be a sponsor at the ERCOT Market Summit on February 25-27 in Austin, Texas.