Energy Litigation

Served as lead counsel for Brazos Electric Power Cooperative, securing confirmation of its US$2.1 billion chapter 11 plan following catastrophic Winter Storm Uri in Texas. O’Melveny helped Brazos secure US$350 million in DIP financing, successfully contested ERCOT's US$2.1 billion proof of claim, and achieved numerous settlements through mediation. The positive outcome has far-reaching implications on the interplay between state laws and their authority over electric cooperatives.

Represented CRC in its successful challenges to Measure Z, a 2016 ballot initiative passed in Monterey County that sought to shut down an industry, without compensation, under the auspices of water regulations.

Convinced a federal court to dismiss an ERISA class action brought against Chevron.

Have served as lead counsel in environmental litigation for decades in California, Alaska, and elsewhere—including litigation stemming from the Valdez oil spill involving billions in punitive damages before the US Supreme Court.

Served as lead trial counsel for Gibson Energy Inc. in dispute over treatment charges and claims against Permian Production Partners for improper termination of pipeline dedication agreement.

Represented Golden Pass LNG Terminal LLC as lead bankruptcy and litigation counsel in the Zachry Holdings, et. al., bankruptcy case in the United States Bankruptcy Court for the Southern District of Texas, Houston Division. After months of contentious litigation and extensive negotiations, the parties reached a settlement which was approved by the Court. The Golden Pass project is the largest LNG construction project in the world, and the bankruptcy case stands as one of the largest pending bankruptcy matters in the United States.

Advised Phillips66 in an arbitration brought by Magellan claiming millions of dollars of damages over alleged breach of various pipeline agreements between the parties.

Represented PREPA in Puerto Rico’s historic Title III restructuring proceedings of more than US$8 billion of bond debt and other claims under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act, successfully arguing evidentiary hearings, adversary proceedings, and contested matters in both the District Court and First Circuit. 

Defended Sempra Energy and Southern California Gas Company against more than 36,000 claimants alleging damages from the Aliso Canyon gas leak in Porter Ranch, California.

Engineered a dismissal for Shell and BASF of all claims of conversion, unjust enrichment, and other causes of action brought by Pemex alleging that millions of dollars of condensate stolen in Mexico and transported into the US was illegally used in the defendants’ US plants.

Worked with California Governor Gavin Newsom’s strike force to develop a comprehensive legal and regulatory approach to the issues facing California’s electric utilities after Pacific Gas & Electric filed for bankruptcy. O’Melveny was integrally involved in the strike force report released in April 2019, and in developing what became AB 1054, a set of reforms passed by the California legislature and signed by Governor Newsom in July 2019.

Counsel TIEC in ratemaking proceedings and contested matters before the PUC, Court of Appeal, and Supreme Court of Texas.

Advising Michigan-based electric utility in Federal Energy Regulatory Commission litigation and other regulatory matters.