Partners Brian Mahanna and David Gringer, Counsel Bonnie Heiple, and Senior Associate Heidi Ruckriegle publish a Law360 article on the increased investigative and enforcement activities of state attorneys general that target energy companies.
Excerpt: Traditionally, regulation of the energy sector has occurred at the federal level and through specialized state regulatory bodies. However, state attorneys general are playing an increasingly prominent role in regulating energy and environmental activity within their states. In particular, they have used their broad state law consumer and investor protection powers in enforcement actions ranging from deceptive marketing claims to environmental protection.
State AGs also have played a more visible role in resisting—or, in some instances, supporting—deregulation efforts at the federal level. Energy sector participants must therefore consider potential AG actions when making business decisions. This alert addresses state actions in four areas: alleged fraudulent and deceptive practices, climate change accountability, environmental contamination and federal energy policy challenges.