Energy & Natural Resources

Whiteford’s Energy & Natural Resources practice provides national representation in the electric, coal, and oil and gas sectors.  Our practice in the industry covers restructuring and bankruptcy matters, exploration and development, corporate transactions, easement and other real estate agreements, acquisition and sale of mineral interests, risk and indemnity issues, leases and royalty structures, litigation, regulatory compliance and permitting, financing, environmental matters, intellectual property, labor and employee benefits, and tax issues.  Additionally, Whiteford attorneys issue title opinions relating to ownership, mining and drilling rights, for leasing, transactional and financing purposes throughout the Appalachian Basin.

The members of our practice group have represented a wide range of clients in the energy industry in matters involving:

  • a Central Appalachian producer of thermal and premium metallurgical coal with mining operations in West Virginia and Virginia;
  • various debtors and creditors in chapter 11 bankruptcy proceedings involving coal, oil and gas producers, energy trading, operation and sale of electric power generation facilities;
  • owners and operators of substantial electric power generation facilities;
  • purchasers of mineral rights, including coal, oil and gas;
  • an international coal broker;
  • coal mining operators (whose operations included wash plants, loading docks and related facilities);
  • a leading, publicly traded metallurgical coal producer for the steel industry headquartered in Alabama;
  • a thermal processing company/servicer to the energy industry;
  • an oil and gas exploration and production company operating in the Appalachian Basin;
  • a coal-mining company based in St. Louis, Missouri with mining operations in West Virginia and Kentucky;
  • a leading energy management and demand response provider in North America;
  • mining engineers;
  • a producer of metallurgical coal and thermal coal with coal reserves in Virginia, West Virginia, Kentucky, Wyoming, Utah, Illinois, Tennessee, and Pennsylvania;
  • an energy company with a focus on energy trading, power generation, and natural gas transmission in North America;
  • a natural gas distribution company expanding its pipeline network throughout the Mid-Atlantic;
  • landowners and owners of mineral interests in various states;
  • biofuel producers and processors;
  • solar and wind developers, customer-generators, and end users in the development and negotiation of leases and power purchase agreements;
  • holders of overriding and other royalty interests;
  • contract parties to oil and gas transactions; and
  • lenders to energy companies in transactions, including out of court workouts and debt-for-equity swaps.

Client Alert: The Maryland Department of the Environment Publishes New Proposed Building Energy Performance Standards That Would Impact Many Commercial Property Owners and Tenants

On September 6th, the Maryland Department of the Environment (“MDE”) officially withdrew the proposed regulations it had previously issued in December 2023, creating statewide Building Energy Performance Standards (“BEPS”) and replaced them with an entire new set of proposed BEPS regulations. The BEPS are required as part of the implementation of the Climate Solutions Now Act of 2022, which mandates that certain buildings (generally 35,000 square feet and larger, with some buildings being exempt) in Maryland achieve net zero greenhouse gas emissions by 2040, with initial reduction standards having to be attained in 2030, and building owners required to report energy data in 2025.

Client Alert: The End of Chevron Bias: A Tombstone No Federally Regulated Company Should Miss

For companies whose operations are subject to strict federal regulations – and particularly those that are facing or may be facing enforcement actions – take note. The U.S. Supreme Court may have just leveled the playing field. On Friday, June 28, 2024, the Supreme Court overturned a long-standing legal precedent that instructed courts to defer to federal agencies’ interpretations of ambiguous laws they administer. Instead, federal laws will be interpreted by the courts. Federal agencies will need to prove their cases, including enforcement actions where an arguably ambiguous statute is at issue. This is good news for businesses in the U.S.

Client Alert: Inflation Reduction Act’s Renewable Energy Incentives to Embolden U.S. Energy Transition

The Inflation Reduction Act (the “Act”), signed into law on August 16, 2022, creates new opportunities for the renewable energy industry and is a welcome change in an industry accustomed to uncertainty regarding its primary financial incentives. The Act’s provisions modified many of the clean energy credit and incentive provisions of last year’s Build Back Better Act.  The Act earmarks $374 billion for decarbonization and modernization of U.S.  manufacturing in the renewable energy sector (the “Renewable Sector”).