Litigators of the Week Recognizes Orrick Team for Appellate Win in Energy Regulation Case

1 minute read
February.17.2023

American Lawyer today recognized our team in its Litigators of the Week feature for securing an important win in the DC Circuit in a case establishing regulatory precedent in the Federal Energy Regulatory Commission.

The appellate court sided with our client, Broad Reach Power, upholding FERC’s application of its long-standing policy that relies on a power producer’s net energy output to the electricity grid – rather than on the capacity of individual components of the facility - to determine if a renewable energy facility qualifies for small-scale power producer benefits under federal law. FERC had ruled that although the aggregate direct current capacity of the Broach Reach facility’s solar array and battery energy storage system exceed the statutory 80-megawatt cap, the facility can only export 80 megawatts of alternating current power (AC) to the grid, which operates on AC. The ruling affirmed a FERC decision to certify the Broadview Solar solar-plus-battery storage project in Montana as a small-scale power producer entitled to preferential treatment under the Public Utility Regulatory Policies Act.

While a typical solar-only project can produce full power for approximately 25% of the day, by adding battery storage the Broad Reach project can produce power for about 40% of the day, which results in more reliable power supply and greater use of clean solar energy.

The publication recognized partner Bob Loeb, who argued the case, along with partners Adam Wenner and Cory Lankford and senior associate Jeremy Peterman.

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Robert Loeb Partner, Supreme Court & Appellate, Bankruptcy Litigation

Washington, D.C.

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Robert Loeb Partner

Washington, D.C.

The breadth and depth of Bob's appellate experience, and his consistent track record of success in high-stakes matters, are why clients, including top tech and energy companies, trust him with their most important cases.

The National Law Journal’s Litigator of the Week column recently recognized Bob’s appellate major wins in energy and product liability cases for Broadreach Power and Johnson & Johnson. Bob’s recent victories also include Fifth Circuit wins for energy clients Cheniere and Eni. In the Cheniere-Midship case, Bob obtained an emergency stay from the court of appeals of the regulating agency proceedings and, then after oral argument, achieved a full victory. And for Eni, Bob convinced the Fifth Circuit to vacate a $300M judgment against Eni in a dispute with another energy company. These types of big wins in the most challenging cases show why both Chambers and Legal 500 rank Bob among the Country’s top appellate advocates.

Bob has argued before the Supreme Court multiple times (including a 9-0 victory regarding application of the Fourth Amendment to rental cars), and has filed hundreds of briefs in the Supreme Court. He has also handled cases in highest state courts in California, New York, Maine, Kentucky and New Jersey.

Before joining Orrick, Bob served as one of the leaders of an elite appellate group at the Department of Justice. There, in addition to major national security, commercial, and administrative law, Bob supervised bankruptcy appeals. At Orrick, Bob has continued to handle big ticket bankruptcy matters, such as a billion-dollar dispute over whether DHL’s claim was discharged by United’s bankruptcy, appeals from the City of Stockton bankruptcy confirmation, and a Ninth Circuit matter involving the interplay of the Takings Clause and bankruptcy law.

Bob’s recent work includes matters for Johnson & Johnson, Avon, Microsoft, Eni, Cheniere Energy, Freeport LNG, Broadreach Power, LS Power, Exxon, Medidata, Renco, MSC Cruise Line, Golden 1 Credit Union, Credit Suisse, TravelCenters of America, Gannett, and the City of Stockton.

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