Overview
Doug Green is highly recognized as one of the nation's leading lawyers in handling major competition and litigation issues in the electric power industry. Doug has an unsurpassed record of victories in many forums, including winning the recent landmark Duke Energy v. NTE Carolinas and Breiding v. Eversource monopolization and business tort cases. Described by Chambers as "the definitive energy antitrust litigator," and "a standout in the area of regulatory law and representation," Doug has been victorious as both plaintiff's and defense counsel for major utilities in litigation involving billions of dollars, and owns a perfect track record of obtaining clearance from the federal antitrust authorities in major M&A transactions. Doug has also guided clients through a number of the seminal restructuring matters in the industry, and has successfully defended numerous high-profile government investigations. Clients managing antitrust and competition issues, allegations of misconduct, regulatory restructuring, M&A transactions, and similar matters turn to Doug for his combination of industry knowledge, strategic insight, and ability to bring about favorable business results.
Doug's practice covers the entire spectrum of litigation, regulatory, and counseling matters affecting competition and market-related issues in the power industry. Doug's practice highlights include the aforementioned landmark victories, his successful defense of the largest Department of Justice (DOJ) Antitrust Division competition investigation the power industry has seen, in which he dissuaded DOJ management from pursuing monopolization claims against a major vertically integrated utility. He won summary judgment in a federal district court class action seeking billions of dollars in damages and claiming that the Illinois power auction had been affected by price-fixing. Doug and Steptoe were brought in to deal with allegations of misconduct at FERC in the application for approval of the Duke Energy-Florida Progress merger, and obtained an order confirming approval of that merger. In addition to other similar successes, he has represented major utilities in the successful formation and operation of Regional Transmission Organizations, and represents clients in matters dealing with restructuring and competition issues concerning distributed generation and solar power.
- District of Columbia
- Supreme Court of the United States
- J.D., Georgetown University Law Center, 1973, Editor, Georgetown Law Journal
- M.A., University of Virginia, 1969, English
- B.A., Bowdoin College, 1968, with honors
Areas of Work
Representative Matters
- Winning dismissal on summary judgment of antitrust and unfair competition claims seeking $900 million in damages for attempted monopolization of wholesale power in the Carolinas brought against Duke Energy Corp. by NTE Carolinas II (3:19 CV-00515-KDB-DSC- W.D. N.C., June 24, 2022)
- Obtaining dismissal and affirmance in the First Circuit of two separate class actions against Eversource alleging that natural gas transportation capacity was withheld from generation rivals in order to drive up wholesale electricity prices, Breiding v. Eversource Energy Co.; PNE v. Eversource Energy Co.
- Representing a coalition of utilities in the Midwest concerning joint planning and advocacy regarding transmission projects and rights of first refusal.
- Representing several major utilities in connection with regulatory restructuring related to distributed generation and other emerging technologies and competition.
- Representing a major utility in connection with state legislation purporting to establish rates for power sales by solar rooftop facilities.
- Represented Entergy Corp in successfully obtaining approval of its acquisition of various power plants, including obtaining a landmark ruling by FERC re-defining the relevant market in MISO South to permit the acquisition of the Choctaw power plant.
- Represented Arizona Public Service Company in seeking and supporting successful DOJ challenge to the proposed merger between Energy Solutions and WCS. The merger threatened to raise APS's cost of waste disposal from the Palo Verde nuclear plant. The client, with support from Steptoe, served as lead witness and the merger was blocked by an Order of the federal district court in Columbus.
- Obtained dismissal of two federal class actions against Edison Mission Marketing and Trading and most of the major utilities in MISO alleging billions of dollars in damages regarding allegations of price fixing in the Illinois Power auction.
- Defended Entergy Louisiana victoriously against Occidental Chemical Corp. in federal court in Baton Rouge. The litigation involved claims of Public Utility Regulatory Policy Act (PURPA) violations, breach of contract, and bad faith dealing. Success in the matter eliminated a threat to Entergy's operations in the Mid-Continent Independent System Operator RTO (MISO) estimated to save Entergy's customers hundreds of millions of dollars.
- Represented Southern California Edison Company in favorably resolving litigation brought by the Navajo Nation and seeking over a billion dollars in damages due to alleged RICO violations and inducement of a breach of trust concerning the coal lease royalty payments for the Mohave generating station.
- Won the largest DOJ Antitrust Division investigation in the electric power industry in this century. After more than two years of investigation and review of millions of documents, the DOJ readied to bring a landmark monopolization case challenging our client utility’s generation procurement and transmission planning practices, and threatening divestiture. After Doug presented the client’s factual and economic case to Antitrust Division management, DOJ elected not to go forward.
- Represented GIC, the infrastructure investment fund of the Government of Singapore, in multiple state proceedings and at FERC concerning the successful acquisition of a $1 billion interest in International Trade Commission (ITC) holdings.
- Represented Entergy Corp in connection with its successful negotiation and in obtaining regulatory and HSR approvals re the sale of the Fitzpatrick nuclear power plant to Exelon Corp.
News & Publications
Antitrust & Competition Blog
DOJ and FTC Finalize Merger Guidelines
December 19, 2023
By: Michael L. Weiner, John J. Kavanagh, Lee Berger, Douglas G. Green, Travis West
Antitrust & Competition Blog
DOJ/FTC Draft Merger Guidelines: More Second Requests and More Merger Litigation
July 20, 2023
By: Michael L. Weiner, Lee Berger, Douglas G. Green, John J. Kavanagh, Pantelis Michalopoulos
Press Releases
Steptoe Receives 25 Practice, 72 Individual Mentions in Chambers USA 2023
June 1, 2023
Press Releases
Steptoe Receives 16 Practice, 40 Individual Mentions in Chambers Global 2023
February 21, 2023
Press Releases
Steptoe Receives 27 Practice, 72 Individual Mentions in Chambers USA 2022
June 3, 2022
Press Releases
Steptoe Receives 15 Practice, 43 Individual Mentions in Chambers Global 2022
February 22, 2022
Client Alerts
Steptoe Executive Order on Competition (EOC) Tracker
July 21, 2021
By: Michael L. Weiner, Micah S. Green, Leslie A. Belcher, Christopher Bjornson, David H. Coburn, John J. Kavanagh, Douglas G. Green, Pantelis Michalopoulos, Scott A. Sinder, Bill Toth, Travis West, Peter W. Denton, Dane Jaques
Resources
Events
Webinars
The Intersection of Antitrust and Regulation
April 18, 2018
Speakers: Douglas G. Green, Anthony J. LaRocca
Noteworthy
- Best Lawyers in America, Energy Law (2022)
- Best Lawyers in America, Energy Law and Natural Resources Law (2006-2021)
- Legal 500 US, Energy: Regulatory (2018-2019)
- Legal 500 US, Energy: Litigation (2010-2013, 2015-2019)
- Super Lawyers, Washington, DC, Energy and Resources (2013-2021)
- Chambers USA, Energy: Electricity, Regulatory & Litigation, Nationwide (2008-2013, 2017-2023)
- Chambers Global, Energy: Electricity, Regulatory & Litigation, US (2014-2021)
- Who's Who in American Law
- Who's Who Among Top Professionals Worldwide