Our team brings a powerful combination of in-depth industry knowledge and top trial and appellate attorneys within a boutique go-to litigation firm.

With advancements in technology, our energy and utility clients in the Pacific Northwest are modernizing and innovating all while operating in a highly regulated environment where policies continue to evolve. We guide electric utilities, municipal water districts, and energy project developers through unique regulatory challenges, and we also litigate for them in a variety of disputes and high-stakes arbitrations, regulatory proceedings, court cases, and appeals. For the past 30+ years, we have developed deep relationships with major players, including Portland General Electric, PacifiCorp, and Clean Water Services, who have relied on our keen understanding of these highly specialized areas and our ability to jump into complex disputes and find novel solutions.

Because of the nature of the venues and regulated space in which our utility clients operate, such as state utility commissions and the Federal Energy Regulatory Commission (FERC), they are engaged with agencies, counterparties, opponents and other stakeholders for long periods of time. Recognizing there are many different interests involved, we help our clients achieve their goals in a way that is mindful of those relationships.

Our appellate team has specific experience in energy and utility appeals. Led by the former Oregon Solicitor General Anna Joyce, our team has a formidable record of securing victories for our energy and utility clients in the Oregon Court of Appeals.

We listen to truly understand our clients’ end goals and help craft a way forward that keeps their business objectives at the forefront and minimizes disruptions to their operations. We find solutions that are beneficial for our clients and regulators, whose ultimate role is to serve the greater public interest. We also advocate on behalf of our clients in agency rulemaking to shape new policies or support the change of an existing rule.

Venues where we represent clients

Federal and state trial and appellate courts
Federal Energy Regulatory Commission (FERC)
State utility commissions
County commissions
Oregon Land Use Board of Appeals
Various other Oregon administrative agencies
Private arbitration

Types of litigation and arbitration

Agreements related to utility-owned generation facilities
Commercial transactions
EPC agreements
Hydroelectric licensing and operations
Interconnection agreements
Joint-use agreements
Line extensions
Municipal franchises
Power sales agreements
Property rights
Qualifying Facility power purchase agreements
Utility-related environmental issues
Water rights
Business litigation such as contract, business torts, fraud, employment, Unlawful Trade Practices Act, class action disputes, and contested cases before administrative agencies

Where We Practice

Northwest

California and Southwest

Central and Eastern U.S.

Meet the Attorneys of Markowitz Herbold