Overview | Energy Litigation

UB Greensfelder has a long history of working with large clients in the energy industry to resolve their disputes and litigation with the most favorable outcome possible.

We guide clients through disputes if a relationship breaks down. Our team has extensive first-chair experience in the courtroom, trying cases for energy clients nationwide, and we excel in collaboration, offering deep industry knowledge, and experience. We often lead energy litigation in partnership with local or national counsel as a “virtual” firm.

We frequently represent clients in litigation involving:

Motor fuel distribution and marketing: Addressing claims relating to PMPA, state franchise and distribution statutes, federal and state pricing claims (including UCC § 2-305 and Robinson-Patman Act claims), federal and state antitrust claims, and breach-of-contract and business tort claims
Consumer class actions: Defending refiners and distributors in claims arising from consumer protection, motor fuel pricing, price posting, temperature-correction issues, product, and discount and credit card programs
Brand covenants/deed restrictions/ROFRs: Prosecuting claims to enforce brand covenants/deed restrictions on the use of retail motor fuel sites; exercising rights of first refusal to purchase divested retail assets, critical to major oil refiners’ distribution networks; and handling litigation involving attempts to use condemnation to avoid use restrictions imposed on station properties
Litigation involving alternative profit centers, including associated lube services, convenience stores and quick-serve restaurants
Toxic torts: Litigation including asbestos, benzene, personal injury, and MTBE litigation
M&A disputes: Litigation arising out of buying and selling downstream and midstream assets from refineries, pipelines, and terminals
Premises and product liability claims
Environmental: RCRA, CERCLA cost recovery and contribution, property damage, and environmental nuisance and trespass litigation related to historical operations, site closure, voluntary remediation, modern-day pipeline and underground storage tank releases, including class action litigation, and defending agency enforcement actions
Business disputes and litigation: Representing clients in a variety of matters before state and federal courts and arbitration panels involving contractual issues, property and mineral rights, rights-of-way, easements, nuisance and trespass claims, personal injury and catastrophic accidents, and royalty disputes
Regulatory: Representing clients before state and federal agencies, including U.S. Environmental Protection Agencies, the U.S. Department of Transportation, and the Federal Energy Regulatory Commission
Renewable energy related dispute resolution, including litigation, mediation, and arbitration
Defense of utilities in litigation, including premises liability

For more information on our Energy Group, click here.

Representative Experience

Successfully defended a big-six refiner in a six-week jury trial in a test case involving four plaintiffs from among 550-plus plaintiffs. Aggregate claims among all plaintiffs totaled between $550 million to $1 billion.
Successfully defended a big-six refiner in a lawsuit brought by franchisees seeking $300 million for alleged unlawful pricing and other breaches of franchise agreement.
Consulted on marketing and PMPA issues related to a big-six refiner’s $2 billion divestment of a Texas refinery and related off-take and wholesaler supply agreements.
Served as special counsel to a big-six refiner incident to the divestiture of a California refinery and associated downstream assets.
Extensive experience litigating PMPA issues, including successfully representing a big-six refiner in Coral Group, Inc. v. Shell Oil Co., 2013 U.S. Dist. LEXIS 113219 (W.D. Mo. Aug. 12, 2013); Sixas Gas Mart, Inc. v. Shell Oil Co., 2007 U.S. Dist. LEXIS 5421 (N.D. Ill. Jan. 18, 2007); and Jet, Inc. v. Shell Oil Company, 381 F.3d 627 (7th Cir. 2004).
Successfully prosecuted claims to enforce brand covenants/deed restrictions critical to big-six refiners’ distribution networks in Connecticut, Illinois, Indiana, Kansas, Massachusetts, Michigan, Maryland, Ohio, Rhode Island, Virginia, Washington, and Wisconsin. See, e.g., BP Prods. N. Am., Inc. v. Stanley, 669 F.3d 184 (4th Cir. 2012); Double Diamond Props., LLC v. BP Products North America Inc., 277 Fed. Appx. 312 (4th Cir. 2008); Double Diamond Props., LLC v. BP Products North America, Inc., 487 F. Supp. 2d 737 (E.D. Va. 2007); BP West Coast Prods., LLC v. Shalabi, 2013 U.S. Dist. LEXIS 111464 (W.D. Wash. Aug. 6, 2013).
Defended a refiner in the Temperature Correction MDL involving class actions in 28 states by all gasoline and diesel retail purchasers. The case impacted site signage and branding, and compliance with weights and measures laws that impact signage petroleum marketers can require at a retail location.
Successfully represented a big-six refiner in litigation with jobbers and dealers to recover amounts owed to refiner, including in BP Prods. North America, Inc. v. Premier Oil Co., LLC, 2013 U.S. Dist. LEXIS 64889 (W.D. Tenn. May 7, 2013); BP Prods. North Am. Inc. v. Merritt Oil Co., 812 F. Supp. 2d 1297 (S.D. Ala. 2011); BP Prods. N. Am., Inc. v. McGuirk Oil Co., 2011 U.S. Dist. LEXIS 58897 (W.D. Ky. May 31, 2011).
Defeated 100-dealer PMPA action in federal court related to certain ARCO sites in Southern California for a big-six refiner. BP W. Coast Prods. LLC v. Crossroad Petroleum, Inc. (S.D. Cal. 2016).
Advised a big-six refiner regarding all aspects of creating and implementing its national customer loyalty program for franchised retail locations.
Successfully defended environmental class action litigation related to alleged sub-surface petroleum beneath private homes.
Successfully defended state Environmental Protection Act contribution suit related to historical refining operations.
Successfully defended petroleum waste related CERCLA contribution suit.
Defended a big-six refiner in a class action alleging national and state subclass claims for breach of contract and deceptive advertising related to a consumer marketing program.
Represent one of the largest independent liquid petroleum pipeline operators in the United States, and a midstream service provider servicing producers in the Utica and Marcellus shale formations.