Doug Green has long been recognized as one of the nation's leading lawyers in handling major competition and litigation issues in the electric power industry. Described by Chambers as "the definitive energy antitrust litigator," and "a standout in the area of regulatory law and representation," Doug has achieved an extensive record of victories in many forums. He is successful 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 guided clients through a number of the seminal restructuring matters in the industry, and has successfully defended numerous high-profile government investigations. Clients managing 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 his successful defense of the largest Department of Justice (DOJ) Antitrust Division competition investigation the power industry has seen in 10 years, 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
- Defending Eversource in federal antitrust class action alleging that natural gas transportation capacity was withheld from generation rivals in order to drive up wholesale electricity prices.
- Representing a major utility vis-à-vis allegations of anticompetitive interference with the construction of a power plant.
- 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.
- Representing Arizona Public Service Company (APS) in arbitration and in its a dispute with Energy Solutions concerning the disposal of low level nuclear waste. Relatedly, represented APS in seeking and supporting DOJ action challenging 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.
- 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.
- Won the largest DOJ Antitrust Division investigation in the electric power industry in the last 10 years. 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.
- Obtained dismissal on the merits, on behalf of Edison Mission Marketing & Trading, of antitrust class action lawsuits alleging billions of dollars in damages from collusion in the Illinois power auction.
- 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.
News & Publications
February 13, 2020
August 15, 2019
April 29, 2019
April 19, 2019
February 14, 2019
September 17, 2018
August 15, 2018
May 30, 2018
May 3, 2018
- Best Lawyers in America, Energy Law and Natural Resources Law (2006-2020)
- Legal 500 US, Energy: Regulatory (2018-2019)
- Legal 500 US, Energy: Litigation (2010-2013, 2015-2019)
- Super Lawyers, Washington, DC, Energy and Resources (2013-2019)
- Chambers USA, Energy: Electricity, Regulatory & Litigation, Nationwide (2008-2013, 2017-2019)
- Chambers Global, Energy: Electricity, Regulatory & Litigation, US (2014-2020)
- Who's Who in American Law
- Who's Who Among Top Professionals Worldwide