Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Deep Dive Episode 73 – Balancing Federal and State Authority in Energy Policy
Gordon Alan Coffee, Ari Peskoe
Regulatory Transparency Project's Fourth Branch Podcast
In statutes such as the Federal Power Act and Clean Water Act, Congress divided responsibility...
Recent Strains on Cooperative Federalism in the Energy Sector
Gordon Alan Coffee, Ari Peskoe
In statutes such as the Federal Power Act and Clean Water Act, Congress divided responsibility...