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.
Denver Managing Partner, Wilkinson Barker Knauer LLP
Raymond L. Gifford counsels communications, electric and gas utilities, and information technology companies on state and federal aspects of regulation, administrative law, and competition policy. He is an expert in public utilities law, and the law and economics of regulation of network industries. Mr. Gifford’s law and policy work focuses on the convergence of broadband communications and energy, as well as environmental policy as it applies to the electric industry. He represents clients in state and federal courts and agencies, and serves as an expert witness on utility regulation and its history. He is also a Senior Adjunct Fellow at the Silicon Flatirons Center for Law, Technology and Entrepreneurship, and Co-Directs the Institute for Regulatory Law & Economics at University of Colorado Law School.
Mr. Gifford served as Chairman of the Colorado Public Utilities Commission from 1999-2003. Following that, he served as President of The Progress & Freedom Foundation, a Washington DC-based think-tank that studied the digital revolution as it relates to regulation of network industries. He entered the regulatory law world as First Assistant Attorney General in the Colorado Attorney General’s Office. He clerked for the Honorable Richard P. Matsch of the United States District Court for the District of Colorado. Mr. Gifford has authored a number of articles on communications law, public utility regulation and competition policy in network industries. He is a graduate of University of Chicago Law School and St. John’s College in Annapolis, Maryland. He is an elected member of the American Law Institute
Under Secretary of Energy, United States Department of Energy
The Honorable Mark Wesley Menezes, Under Secretary of Energy serves as the Department’s principal advisor on energy policy and on a wide array of existing and emerging energy technologies. The Under Secretary is responsible for driving transformative energy policy, and technology solutions through coordinated planning, management and performance of the Department’s energy programs.
Prior to being confirmed as Under Secretary of Energy, Mr. Menezes was an executive with Berkshire Hathaway Energy in its Washington, D.C. office. Before joining BHE, Mr. Menezes was a partner at Hunton & Williams LLP, where he headed the Regulated Markets and Energy Infrastructure practice group. Prior to Hunton, he served as Chief Counsel, Energy and Environment, U.S. House of Representatives Committee on Energy and Commerce, serving as chief negotiator for the House Majority in the enactment of the Energy Policy Act of 2005. Before his service with House Energy & Commerce, he was Vice President with Central and South West, and upon its merger with American Electric Power, served as Vice President and Associate General Counsel for federal and state legislative and regulatory affairs.
Mr. Menezes has been named in National Journal’s “Hill 100”—top Congressional staff for his work on both energy and environmental matters. He has been frequent guest speaker and lecturer before numerous associations and civic groups, including legal education seminars where he has been called on to address the nation’s energy and environmental policies, utility restructuring, telecommunications, ethics, merger and acquisition practices, and regulatory and legislative processes. He has co-authored numerous articles, a practice manual, and been quoted in the New York Times, Law360, Oil and Gas Journal, Politico as well as interviewed by E&ETV. He’s been listed Best Lawyers in America 2013–2016, Corporate Counsel’s Top Lawyers 2006–2011, Washington Post’s Top Lawyers 2008–2016, and DC Super Lawyers 2012–2016.
Mr. Menezes is a graduate of Louisiana State University receiving both his undergraduate and juris doctor degree. Until joining the government he was a charter member of the Advisory Council, Louisiana State University Law John P. Laborde Energy Law Center, and served on the Board of Directors of the Congressional Chorus & American Youth Chorus.
Distinguished Visiting Fellow, Project for Economic Growth, Institute for Economic Freedom and Opportunity
Stephen Moore, who formerly wrote on the economy and public policy for The Wall Street Journal, is the Distinguished Visiting Fellow, Project for Economic Growth, at The Heritage Foundation. Mr. Moore, who also was a member of The Journal’s editorial board, returned to Heritage in January 2014 -- about 25 years after his tenure as the leading conservative think tank’s Grover M. Hermann Fellow in Budgetary Affairs from 1984 to 1987.
As Distinguished Visiting Fellow at Heritage, Mr. Moore focuses on advancing public policies that increase the rate of economic growth to help the United States retain its position as the global economic superpower. He also works on budget, fiscal and monetary policy and showcases states that get fiscal houses in order.
"One of the projects I’m going to be working on is how President Obama has discredited liberal ideas more than anyone,” Mr. Moore said in an interview with The Foundry upon his return to Heritage. “Everything he’s done has been such a massive failure — from the [economic] stimulus to health-care reform to bailouts to green energy.
Mr. Moore’s early career was shaped by three people who had a profound influence on him: Julian Simon, the late Cato Institute scholar; Edwin J. Feulner, a co-founder of Heritage; and Art Laffer, the economist best known for the Laffer curve.
“What makes them so great is they were willing to take on the conventional wisdom. They were subject to a lot of criticism for doing that,” Mr. Moore told The Foundry. “Those are the real change-makers.”
Mr. Moore calls his creation of the Club for Growth the defining moment of his career. The organization, which he left in 2004, helps elect conservative members of Congress (including Heritage President Jim DeMint when he first ran for Senate).
Mr. Moore next founded the Free Enterprise Fund before joining The Wall Street Journal. As senior economics writer for the newspaper’s editorial board, he covered Washington policy debates and state issues.
“Because I’ve been a consumer of think tank material and policy research, I think I have a pretty good sense of what reporters want and how to get it to them in the way they want it,” Mr. Moore said. “Being timely — and not just offering opinion but giving them the facts and data is really critical.”
Mr. Moore, who grew up in New Trier Township, Ill., received a bachelor of arts degree from University of Illinois at Urbana-Champaign. He holds a master’s of arts in economics from George Mason University.
Denver Managing Partner, Wilkinson Barker Knauer LLP
Raymond L. Gifford counsels communications, electric and gas utilities, and information technology companies on state and federal aspects of regulation, administrative law, and competition policy. He is an expert in public utilities law, and the law and economics of regulation of network industries. Mr. Gifford’s law and policy work focuses on the convergence of broadband communications and energy, as well as environmental policy as it applies to the electric industry. He represents clients in state and federal courts and agencies, and serves as an expert witness on utility regulation and its history. He is also a Senior Adjunct Fellow at the Silicon Flatirons Center for Law, Technology and Entrepreneurship, and Co-Directs the Institute for Regulatory Law & Economics at University of Colorado Law School.
Mr. Gifford served as Chairman of the Colorado Public Utilities Commission from 1999-2003. Following that, he served as President of The Progress & Freedom Foundation, a Washington DC-based think-tank that studied the digital revolution as it relates to regulation of network industries. He entered the regulatory law world as First Assistant Attorney General in the Colorado Attorney General’s Office. He clerked for the Honorable Richard P. Matsch of the United States District Court for the District of Colorado. Mr. Gifford has authored a number of articles on communications law, public utility regulation and competition policy in network industries. He is a graduate of University of Chicago Law School and St. John’s College in Annapolis, Maryland. He is an elected member of the American Law Institute
Under Secretary of Energy, United States Department of Energy
The Honorable Mark Wesley Menezes, Under Secretary of Energy serves as the Department’s principal advisor on energy policy and on a wide array of existing and emerging energy technologies. The Under Secretary is responsible for driving transformative energy policy, and technology solutions through coordinated planning, management and performance of the Department’s energy programs.
Prior to being confirmed as Under Secretary of Energy, Mr. Menezes was an executive with Berkshire Hathaway Energy in its Washington, D.C. office. Before joining BHE, Mr. Menezes was a partner at Hunton & Williams LLP, where he headed the Regulated Markets and Energy Infrastructure practice group. Prior to Hunton, he served as Chief Counsel, Energy and Environment, U.S. House of Representatives Committee on Energy and Commerce, serving as chief negotiator for the House Majority in the enactment of the Energy Policy Act of 2005. Before his service with House Energy & Commerce, he was Vice President with Central and South West, and upon its merger with American Electric Power, served as Vice President and Associate General Counsel for federal and state legislative and regulatory affairs.
Mr. Menezes has been named in National Journal’s “Hill 100”—top Congressional staff for his work on both energy and environmental matters. He has been frequent guest speaker and lecturer before numerous associations and civic groups, including legal education seminars where he has been called on to address the nation’s energy and environmental policies, utility restructuring, telecommunications, ethics, merger and acquisition practices, and regulatory and legislative processes. He has co-authored numerous articles, a practice manual, and been quoted in the New York Times, Law360, Oil and Gas Journal, Politico as well as interviewed by E&ETV. He’s been listed Best Lawyers in America 2013–2016, Corporate Counsel’s Top Lawyers 2006–2011, Washington Post’s Top Lawyers 2008–2016, and DC Super Lawyers 2012–2016.
Mr. Menezes is a graduate of Louisiana State University receiving both his undergraduate and juris doctor degree. Until joining the government he was a charter member of the Advisory Council, Louisiana State University Law John P. Laborde Energy Law Center, and served on the Board of Directors of the Congressional Chorus & American Youth Chorus.
Distinguished Visiting Fellow, Project for Economic Growth, Institute for Economic Freedom and Opportunity
Stephen Moore, who formerly wrote on the economy and public policy for The Wall Street Journal, is the Distinguished Visiting Fellow, Project for Economic Growth, at The Heritage Foundation. Mr. Moore, who also was a member of The Journal’s editorial board, returned to Heritage in January 2014 -- about 25 years after his tenure as the leading conservative think tank’s Grover M. Hermann Fellow in Budgetary Affairs from 1984 to 1987.
As Distinguished Visiting Fellow at Heritage, Mr. Moore focuses on advancing public policies that increase the rate of economic growth to help the United States retain its position as the global economic superpower. He also works on budget, fiscal and monetary policy and showcases states that get fiscal houses in order.
"One of the projects I’m going to be working on is how President Obama has discredited liberal ideas more than anyone,” Mr. Moore said in an interview with The Foundry upon his return to Heritage. “Everything he’s done has been such a massive failure — from the [economic] stimulus to health-care reform to bailouts to green energy.
Mr. Moore’s early career was shaped by three people who had a profound influence on him: Julian Simon, the late Cato Institute scholar; Edwin J. Feulner, a co-founder of Heritage; and Art Laffer, the economist best known for the Laffer curve.
“What makes them so great is they were willing to take on the conventional wisdom. They were subject to a lot of criticism for doing that,” Mr. Moore told The Foundry. “Those are the real change-makers.”
Mr. Moore calls his creation of the Club for Growth the defining moment of his career. The organization, which he left in 2004, helps elect conservative members of Congress (including Heritage President Jim DeMint when he first ran for Senate).
Mr. Moore next founded the Free Enterprise Fund before joining The Wall Street Journal. As senior economics writer for the newspaper’s editorial board, he covered Washington policy debates and state issues.
“Because I’ve been a consumer of think tank material and policy research, I think I have a pretty good sense of what reporters want and how to get it to them in the way they want it,” Mr. Moore said. “Being timely — and not just offering opinion but giving them the facts and data is really critical.”
Mr. Moore, who grew up in New Trier Township, Ill., received a bachelor of arts degree from University of Illinois at Urbana-Champaign. He holds a master’s of arts in economics from George Mason University.
Professor of Law, University of Minnesota Law School
Professor James W. Coleman is a scholar of energy law. He specializes in North American energy infrastructure, transport, and trade. He is also a nonresident senior fellow at the American Enterprise Institute focused on energy policy.
Professor Coleman has testified before Congress on steps to speed up energy infrastructure permits. He also worked with a team of experts as part of Alberta's Royalty Review to revise the Canadian province's management of its vast oil and gas resources.
Before joining Minnesota, Professor Coleman taught at Southern Methodist University's Dedman School of Law, the University of Calgary’s law and business schools, and Harvard Law School. Earlier, he practiced environmental and appellate law at Sidley Austin in Washington, D.C., and clerked for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Professor Coleman received two degrees from Harvard University—a J.D. (cum laude) and B.A. in biology (magna cum laude with highest honors in the field). As a result of his undergraduate thesis on butterfly genetics, which required fieldwork in Central Asia, a species of lycaenid butterfly was named after him—Agrodiaetus ripartii colemani.
Professor of Law, University of Minnesota Law School
Professor James W. Coleman is a scholar of energy law. He specializes in North American energy infrastructure, transport, and trade. He is also a nonresident senior fellow at the American Enterprise Institute focused on energy policy.
Professor Coleman has testified before Congress on steps to speed up energy infrastructure permits. He also worked with a team of experts as part of Alberta's Royalty Review to revise the Canadian province's management of its vast oil and gas resources.
Before joining Minnesota, Professor Coleman taught at Southern Methodist University's Dedman School of Law, the University of Calgary’s law and business schools, and Harvard Law School. Earlier, he practiced environmental and appellate law at Sidley Austin in Washington, D.C., and clerked for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Professor Coleman received two degrees from Harvard University—a J.D. (cum laude) and B.A. in biology (magna cum laude with highest honors in the field). As a result of his undergraduate thesis on butterfly genetics, which required fieldwork in Central Asia, a species of lycaenid butterfly was named after him—Agrodiaetus ripartii colemani.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Recent Strains on Cooperative Federalism in the Energy Sector
TeleforumThe Department of Energy’s Actions to Save Nuclear and Coal
Raymond L. Gifford, Mark W. Menezes, Stephen Moore
Last month, Bloomberg News revealed a leaked memorandum from the Department of Energy purporting to...
The Department of Energy’s Actions to Save Nuclear and Coal
Environmental Law & Property Rights Practice Group Teleforum
TeleforumHughes v. Talen Energy Marketing - Post-Argument SCOTUScast
James W. Coleman
On February 24, 2016, the Supreme Court heard oral argument in the consolidated cases Hughes...
Federal Energy Regulatory Commission v. Electric Power Supply Association and EnerNOC v. Electric Power Supply Association - Post-Argument SCOTUScast
James W. Coleman
On October 14, 2015, the Supreme Court heard oral argument in Federal Energy Regulatory Commission v....
Thinking About the "Practically Unthinkable": Energy Infrastructure and the Threat of Low-Probability, High-Impact Events
Adam White
The National Environmental Policy Act1 requires federal agencies to ascertain and evaluate the possible environmental...