Overview
Powering the Future of Energy Law
Our multidisciplinary Energy team connects you to deep experience in regulation, transactions, and litigation, with leadership experience in both state and federal agencies. We have been recognized for our leadership in biofuels and were an early participant in wind, biomass, and solar energy development. Our capabilities also extend to the rapidly growing data center sector, where we advise on siting, permitting, energy procurement, and infrastructure development to support high-demand operations.
Get support across the energy lifecycle—from permitting and financing to production, distribution, and trading—for electricity, natural gas, renewables, and data center energy strategies. If you are a utility, independent power producer, transmission company, investor, or data center developer, our nationally recognized team is ready to partner with you.
Our Approach: Your Partner in Energy Policy and Progress
1. Strategic Planning & Road Mapping
We start with a comprehensive review of your energy portfolio and regulatory posture—identifying gaps, exposures, and opportunities across state and federal jurisdictions. Our team then develops a tailored strategy for compliance, permitting, and advocacy, with clear timelines, responsibilities, and milestones—aligned with your business objectives and risk tolerance.
2. Execution & Implementation
From securing permits and managing regulatory submissions to supporting transactions and defending against enforcement actions, we execute the plan with precision. You’ll receive regular updates and status reports to maintain visibility throughout the process.
3. Ongoing Monitoring & Continuous Improvement
We provide proactive regulatory updates, horizon scanning, and compliance refreshes to keep your organization ahead of change. Post-project debriefs and long-term planning are built into our process to ensure sustained success across the energy lifecycle—including electricity, natural gas, renewables, and emerging areas like data center energy strategies.
"Through years of experience, the Michael Best team can bring long-standing relationships and familiarity with various regulators and their agencies."
"Michael Best is a fantastic firm. You get quality legal responses on time."
Focus Areas
Comprehensive Counsel Across the Energy Regulatory Landscape
Data centers are a critical pillar of today’s digital economy, requiring robust energy infrastructure, environmental compliance, and efficient permitting. Michael Best offers a comprehensive approach to data center development, guiding clients from local board meetings to federal regulatory processes.
We advise on interconnection procedures at RTOs such as MISO, SPP, and PJM, including evolving FERC and DOE rulemakings. Our team negotiates Power Purchase Agreements and energy service agreements to secure reliable power for large-scale operations.
From utility commission approvals to zoning and conditional use permits, we navigate complex regulatory landscapes. Our attorneys have decades of experience in tariff design and rate cases, making us trusted advisors to utilities and developers.
We manage air and water permitting, backup generator approvals, and site diligence to ensure compliance with federal and state environmental laws.
Our Real Estate team supports every stage of data center site development—from land acquisition and title review to negotiating leases and easements. We handle zoning, land use approvals, and construction contracts to ensure projects stay on schedule and within budget. With deep experience in complex transactions, we help clients secure strategic locations and mitigate risk throughout the development process.
Data centers involve significant capital investment and ongoing operational costs. Our Tax team advises on structuring transactions to optimize tax benefits, including incentives, abatements, and credits available at the state and local level. We also assist with property tax assessments, sales and use tax issues, and compliance strategies to reduce exposure and maximize savings.
We help you with all your proceedings before state and local regulators, including state public utility commissions. We offer full representation and litigation (if necessary) on rate cases, large project certification, and complaint filings. We can also provide related representation for site acquisition, zoning/land use and environmental permits, energy entity mergers, and service area issues.
We provide you with counsel on all aspects of energy-related regulatory compliance, including rules and standards of the Federal Energy Regulatory Commission (FERC), U.S. Commodity Futures Trading Commission (CFTC), U.S. Department of Energy (DOE), North American Electric Reliability Corporation (NERC), North American Energy Standards Board (NAESB), regional transmission organizations (RTOs), and independent system operators (ISOs); as well as advocacy in ratemaking, government relations, and rulemaking.
We advise investor-owned gas and electric utilities and electric transmission companies; wind, solar, biofuels, and biomass developers, generators, and manufacturers; and investors and trading parties on the development, interconnection, and operation of renewable energy projects and technologies, as well as on renewable energy credits (RECs) and other energy/environmental commodities.
Get counsel on defense of investigations and litigation by FERC, state public utility commissions, CFTC, and other government agencies; utility tariff and rate disputes; commodities and price protection litigation; and challenges to agency proceedings, rules, and decisions, including petitions for review before the federal circuit courts of appeal.
Experience
Michael Best is at the forefront of energy and infrastructure innovation with success like: permitting the largest solar farm in Wisconsin, leading innovation in battery energy storage siting, and successfully defending local permitting challenges before the Wisconsin Supreme Court.
Assisted a biodiesel producer in raising capital and securing project permits to construct and operate a full-scale renewable fuel production facility. Our services included entity formation; raising seed capital; raising construction financing; negotiating off-take, supply, and other agreements; and securing the real estate and obtaining regulatory approvals.
- Selected as first chair counsel for multiple utilities in multiple jurisdictions on rate case filings, certificates of public convenience and necessity, and tariff filings.
- Advised a U.S. transmission company with regard to the construction of a new transmission line to be co-owned with another utility, including negotiating and drafting the joint development, construction, and ownership and operating agreements, and negotiating, drafting, and filing with FERC new interconnection agreements.
- Represented a tribal sovereign nation as project developer and owner of a 3.5MW commercial-scale solar project. Our work included a presentation to tribal leaders regarding background, structural, and business issues relating to energy projects; negotiation of all agreements including power purchase agreements; and representation in New Markets Tax Credit and other tax-related financing.
