Energy

With one of the largest and most experienced energy practices in the Midwest, Benesch counsels clients on regulatory, legislative and transactional questions and other matters of strategic importance and has repeatedly prevailed in difficult commercial, commodity and regulatory disputes in and out of court.

Immersed in the industry, our lawyers understand the challenges traditional and renewable energy industry clients face. We bring that knowledge and our experience to bear when representing them before state public utility and power-siting commissions and in state and federal courts, arbitrations and mediations, investigations and enforcement actions. Additionally, our attorneys are skilled in securing intellectual property protections for emerging environmental and energy-related technologies and providing proactive legal counsel.

Unrivaled Excellence

Benesch's Energy Group includes some of the most highly regarded lawyers in the industry, including:

• Chambers Band 1-ranked Energy and Natural Resources: Regulatory
• Lawyers named 2024 and 2025 “Lawyers of the Year” in Energy Regulatory Law by Best Lawyers in America®
• A former Administrative Law Judge and later Chief Administrative Law Judge at the Illinois Commerce Commission, the agency that regulates public utilities, including electric and gas utilities.
• A former commissioner of the Public Utilities Commission of Ohio (PUCO).

The Work We Do

Benesch represents some of the nation’s largest investor-owned electric and gas utilities, competitive retail suppliers, rural electric cooperatives, municipal utilities, natural gas pipeline operators and a wide range of unregulated public/private industrial entities in matters involving their energy use. Over the years, we have built strong relationships with key industry players that often make the difference between success and failure in litigation and corporate transactions.

Regulatory

Benesch's Energy Group represents a diverse range of clients, including some of the largest utilities in the country, natural gas pipeline operators and unregulated public and private industrial entities. We regularly advise and represent clients on issues before state regulatory commissions, from rate case proceedings to regulatory inquiries, investigations and enforcement actions. Our Energy attorneys assist with integrated resource planning, siting requirements, environmental permits and licensing, facility construction, tariff issues and interconnection and supply agreements. We also help ensure our clients fully comply with the many complex regulatory measures governing construction, facilities operation and maintenance and repair of virtually every form of energy infrastructure.

Renewable Energy Transactions

Benesch works closely with commercial and industrial customers to meet their renewable energy goals, from off-site solutions like large solar power purchase agreements to on-site solutions like combined heat and power or the capture of waste heat to financial solutions like purchasing renewable or carbon-free power. Benesch has the experience to advise on the best and most cost-effective way to achieve the client’s objective.

Litigation

Our energy litigators handle wide-ranging disputes, including regulatory lawsuits involving permitting and approvals, franchise, rate and fee issues, zoning and land use and electric power territorial disputes involving the Certified Territory Act. We also represent clients in business-related cases, such as contractual disputes involving power generation transmission and sales agreements, contracts and service agreements, facilities design and construction contracts, and insurance coverage, labor and employment, environmental and safety and health matters.

Integrating seamlessly with the other members of our Energy Group, our litigators evaluate risks and revise contracts to ensure clients are well-positioned should a future dispute arise.

Environmental Matters

Our Energy Group lawyers are well-versed in environmental matters, including permitting, licensing and general environmental compliance. We thoroughly know the existing environmental laws, regulations and marketplace responses to perceived environmental issues, particularly those not yet regulated.

Working collaboratively with our Environmental Group lawyers, we provide comprehensive transactional and compliance counsel and assist industrial and commercial companies in resolving environmental issues. We readily identify environmental law and regulatory trends, anticipate and address concerns, represent clients in rulemaking/legislative matters and resolve environmental disputes in and out of court. Developers, investors and energy industry companies turn to us to handle site audits and land use, zoning and permitting issues related to their traditional energy and renewable energy projects.

Mergers, Acquisitions and Other Transactions Support

We offer pragmatic advice about building grid infrastructure, setting utility rates and engaging in significant transactions, such as acquisitions, mergers, and dispositions, facilities co-development agreements, asset purchases and sales, joint ventures and strategic alliances. We help clients drive positive outcomes, avoid problems and resolve disputes while navigating the opportunities and challenges of the rapidly changing energy market.

Serving as counsel on projects throughout the country, we steer clients through government permitting and approvals, help them obtain tax benefits, keep their projects and business dealings on track and avoid running afoul of state and federal laws and regulations.

Real Estate

Our Energy Group attorneys regularly represent developers, utilities, midstream companies, natural gas transmission, distribution and storage companies and others, including buyers, sellers and contractors, in connection with all aspects of the development and construction of energy infrastructure projects. We advise and represent clients in real estate transactions, eminent domain, public and private right-of-way matters, and regarding a growing number of regulatory requirements. We also have significant experience in oil and gas leasing, wind farm leasing, tax considerations, and zoning and local government approvals.

Construction

Benesch lawyers are experienced throughout every phase of large-scale energy construction projects, advising on and resolving disputes regarding multibillion-dollar projects worldwide. Our experience includes traditional and emerging projects, from oil and gas, petrochemical, mining, steel plants, urban towers and other vertical construction to clean energy manufacturing facilities, desalinization plants, renewable energy, new AEC technology and collaborative arrangements such as joint ventures, teaming agreements and other strategic alliances. Attorneys in our Energy Group draft and negotiate procurement, engineering and construction agreements and operations and maintenance agreements, handle site permitting, bonding and insurance requirements and arbitrate and litigate construction disputes.

Crisis Management 

In a world of around-the-clock news cycles and social media coverage, the fallout from a disaster can be worse than the actual lawsuit or investigation. At Benesch, in addition to litigating the dispute itself, we work closely with our clients to develop both immediate and long-term compliance strategies. In fact, our lawyers have advised clients in some of the largest energy-related governmental white collar investigations in the U.S. during the last five years. Other law firms also call on us to advise on projects and assist in complex energy-related lawsuits because of our vast knowledge and experience.

Legislative and Public Law

Attorneys in our firm’s Energy Group handle legislative matters affecting all aspects of the energy industry. Our hands-on involvement working with federal and state legislators on drafting legislation and submitting comments enables us to identify and address emerging issues as they develop rather than just react to changes after implementation.