Site Sections to Include

Energy and Transportation Law Appeals

We have handled a number of matters for energy and transportation clients in the state and federal appellate courts, including the U.S. Supreme Court. Preemption and ratemaking are among the important issues that the firm has handled for energy clients. In the transportation arena, the major cases include issues of preemption and carrier liability for damaged cargo or for personal injury.

Representative cases in the area of energy law include:

  • Entergy Louisiana, Inc. v. Federal Energy Regulatory Commission, 539 U.S. 239 (2003), filed rate doctrine
  • Mobil Oil Exploration & Producing Southeast Co. v. United States, 530 U.S. 604 (2000), federal leasing rights
  • Amoco Production Co. v. Southern Ute Indian Tribe, 526 U.S. 865 (2001), natural gas reservations in federal land grants
  • Petro Star, Inc. v. FERC, No. 06-1166 (D.C. Cir. 2007), ratemaking and constitutionality of legislation limiting agency’s power to order refunds
  • Tesoro Alaska Petroleum Co. v. FERC, 234 F.3d 1286 (D.C. Cir. 2000), claim and issue preclusion and right to a hearing
  • OXY USA Inc. v. FERC, 64 F.3d 679 (D.C. Cir. 1995), ratemaking and filed rate doctrine
  • Exxon Company U.S.A. v. FERC, 182 F.3d 30 (D.C. Cir. 1999), ratemaking and refund authority of the Federal Energy Regulatory Commission
  • Natural Gas Clearinghouse v. FERC, 965 F.2d 1066 (D.C. Cir. 1992), confirming FERC's Natural Gas Act authority to allow pipelines to recoup revenues lost as a result of prior Commission error

Representative appeals in the area of transportation law include:

  • Norfolk Southern Railway v. Sorrell, 127 S. Ct. 799 (2007), causation standards under the Federal Employer's Liability Act
  • Norfolk Southern Corporation v. James N. Kirby Pty. Ltd, 543 U.S. 14 (2004), carrier liability for cargo damage in international shipments
  • Norfolk & Western Railway v. Ayers, 538 U.S. 135 (2000), fear of cancer damages under the Federal Employer’s Liability Act
  • Norfolk Southern Railway v. Shanklin, 529 U.S. 434 (2000), preemption of tort claims
  • CSX Transportation, Inc. v. Easterwood, 507 U.S. 658 (1993), preemption of tort claims
  • CSXT v. Anthony Williams, 406 F.3d 667 (D.C. Cir. 2005), FRSA and HMTA preemption of D.C. law governing the transport by rail of hazardous material