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Energy law covers drilling, wind energy, and renewable energy, as well as policies affecting energy distribution and billing. Energy lawyers specialize in understanding relevant laws and regulations and may represent big businesses or new innovators. The field has expanded to include renewable energy law, legislative advocacy, and intellectual property and environmental law.
The field of energy law is broad and is still expanding. Drilling for oil and gas, development of wind energy projects, and exploration for renewable energy are all covered by the Energy Act, as are policies affecting municipal energy distribution, pricing, and billing practices of customers. The work of an energy attorney is correspondingly broad, although attorneys typically choose to specialize in a narrow area of energy law. The primary job of an energy attorney is to understand the relevant energy laws, policies and regulations and apply them to his or her client’s situation.
Energy lawyers are consultants, lawyers and lobbyists. They may represent big business, or they may fight for the rights of new innovators. They often apply for patents and fight price fixing. It all depends on the context.
Traditionally, the practice of energy law was dominated by the oil and gas industry. Most energy lawyers worked in energy law firms or practice groups that supported or opposed coastal drilling practices. Lawyers who had been hired by oil and gas companies often advocated for more favorable legislation and sought to change the policy guidelines governing the industry. They would also represent the companies in any lawsuits. Energy lawyers have also been hired by outside firms with grievances against energy companies. Lawsuits related to oil spills, environmental damage, internal labor law issues or conglomerate price fixing, and antitrust violations have typically been handled by experienced energy attorneys with experience in the workings of the energy sector.
Oil and gas lawyers still make up a significant percentage of the energy law field, but the area of practice has expanded significantly. Advances in technology have made newer, often cleaner sources of energy more feasible. Wind, hydro and renewable energy sources have emerged as more environmentally friendly and long-term sustainable than dependence on oil and gas alone.
As these energies unfold, the companies and investors who jump on board need lawyers to represent them. The field of energy law has accordingly adapted, leading to a boom in the field of renewable energy law and the prevalence of the renewable energy lawyer. Energy law firms are adding more and more renewable energy practice groups. A renewable energy attorney in such a group could represent a variety of members of the energy community, from utility companies to investors and inventors, depending on the needs of the business and the client.
Particularly with new energies, much of the practice of energy law is devoted to legislative advocacy. Energy advocates around the world are trying to shape their national regulatory positions to make it easier to develop and explore the development of renewable energy and new energy sources. This type of energy advocacy typically involves detailed knowledge of regulatory policy, tax structures and exemption schemes, and legislative incentive programs.
An energy attorney in today’s diverse energy market is often also an intellectual property attorney or an environmental attorney. Lawyers with intellectual property experience can help new companies protect their ideas, which can help them better monetize new energy frameworks. An environmental and energy lawyer can identify ways to develop energy in a way that promotes, or at least does not harm, environmental protection efforts.
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