What Is Energy Law?

As renewables and clean energy grow, energy law also encompasses:

• Mineral rights
• Land use and zoning
• Natural resource management

Most energy law is practiced in-house by corporate attorneys in the gas and oil industries. Regulatory agencies interacting with the public use energy lawyers when crafting legislation.

Most small businesses and others in the public sector seldom need an energy attorney. But if your business interacts with renewable energy, like municipal financing for solar panels, you may need advice from a legal professional in this area. Keep reading to learn how energy laws apply to businesses and agencies, and the role of energy law attorneys.

Energy Law Legal Issues

Energy law touches more areas than oil rigs and power plants. Although the energy industry uses most types of legal professionals, people may need an energy law attorney for other reasons. These reasons may include:

• Real estate law can interact with energy law in matters of land use, subsurface rights, and mineral leases. Zoning regulations affect where and how companies can extract and refine resources.
• Public utilities contract to place renewable energy sources and negotiate power purchases from private companies to the public grid. Businesses need energy lawyers to help draft these contracts.
• Clean energy and sustainability mean projects must conform to existing zoning laws. Energy laws impact the project development for green energy projects. 

Federal and State Energy Regulations

Energy law attorneys assist clients with regulatory compliance and project financing. The Federal Energy Regulatory Commission (FERC) regulates the interstate transmission of gas, oil, and electricity. FERC also oversees interstate mergers and acquisitions.

Each state’s own regulatory utility commission oversees energy companies within state borders. The state’s public utility commission determines the structuring and distribution of energy for the state. For instance, Texas has its own electrical power grid, separate from the national grid.

How To Find an Energy Law Attorney

Small businesses should consult an energy lawyer in their area for legal advice in the energy sector. FindLaw’s Attorney Directory can get you started. Enter your city or ZIP code for a list of qualified legal advisors near you. Your search results will also show ratings and contact information.

Energy Law Terms To Know

• Distribution: This is the act of sending gas or electric power from the city gate or plant to the customer.
• Environmental Impact Statement: The National Environmental Policy Act of 1969 requires businesses and agencies to prepare an environmental impact statement for construction that may affect the environment.
• Hydropower Re-License: The Commission issues this minor or major license. It authorizes the person licensed (the licensee) to get a new term of the license for an already existing licensed project. The new license term can span 30 to 50 years.
• Fracking: Fracking is short for hydraulic fracturing. It involves forcing water and chemicals, at very high pressure, into shale rock deposits deep in the ground.

Related Practice Areas

• Environmental Law
• Business and Commercial Law
• Contracts Law