Regulatory, Trial and Appellate Litigation


Members of Eimer Stahl’s Energy practice regularly appear before public utilities commissions and trial and appellate courts regarding numerous issues impacting regulated clients.  Reflecting the constantly changing landscape of regulation, many of these issues involve new policies or issues of first impression.  Because the Energy practice fits squarely within Eimer Stahl’s national litigation practice, it is uniquely suited to handling regulatory, trial and appellate litigation in whatever forum it arises.  From its cutting edge in-house discovery capabilities to its acclaimed and proven advocacy skills, Eimer Stahl offers energy and telecommunications clients every advantage in achieving their goals in an efficient and cost-effective manner.

Recent matters include the following:

  • Smart Grid Litigation:  Eimer Stahl represents an electric utility in a class action seeking hundreds of millions of dollars, in which it is alleged the electric utility violated an Illinois Commerce Commission order.  The Circuit Court of Cook County dismissed the case.  The Appellate Court of Illinois, First Judicial District, affirmed the dismissal.  Eimer Stahl has represented the electric utility in connection with the trial court and appellate proceedings.
  • Rate Cases:  Counsel to an electric utility in its annual Formula Rate Case proceedings before the Illinois Commerce Commission.  Its most recently completed case (2013) sought approval of a $2.2 billion revenue requirement for 2014 and recovery of $180 million in costs from prior year. 
  • Energy Efficiency Portfolios:  Representing an electric utility in the approval of its Triennial Energy Efficiency and Demand Response Plans.  This most recent Plan, which covers the 2014-2017 period, will involve the administration of a nearly $500 million portfolio of energy efficiency programs.  The utility's successful implementation of its Energy Efficiency plans to date has elevated the State to one of the top 10 energy efficient states in the country.  Eimer Stahl also represents the utility in annual proceedings before the Illinois Commerce Commission regarding the recovery of annual energy efficiency costs and the achievement of annual state energy efficiency goals.
  • Procurement:  Counsel to an electric utility regarding the Illinois Power Agency’s annual procurement of electricity, including renewable energy resources and energy efficiency products. 
  • Deregulation/Competitive Market Development:  Representing an electric utility in proceedings associated with the development of competitive retail electric markets in Illinois, including the initial approval of its Purchase of Receivables Program and ongoing representation in associated reconciliation proceedings.
  • Certificate Proceedings:  Counsel to owners, operators and other stakeholders of common carrier pipelines in certificate of good standing proceedings, including whether Commission approval is required for certain transactions.
  • Whistleblower Actions:  Defending an electric utility against an Illinois Whistleblower Reward and Protection Act claim regarding the determination of avoided cost rates under the Public Utility Regulatory Policies Act and the Illinois Public Utilities Act. 
  • Rulemakings:  Representing an electric utility in rulemaking proceedings regarding municipal aggregation programs and rate case expenses.
  • Appellate Practice:  Representing an electric utility in appeals ranging from transmission line siting issues and rate design to customer complaints.

Other Energy Practice Area