Wesley Heath counsels clients on energy and commodities enforcement matters and government investigations and litigation. He also assists clients in developing energy regulatory compliance programs. Wes additionally counsels clients on the intersection of antitrust with energy and commodities manipulation law and has litigated and advised clients concerning a wide variety of antitrust matters.
Prior to joining Steptoe, Wes served as a litigator and investigator in the Division of Investigations within the Office of Enforcement at the Federal Energy Regulatory Commission (FERC). In this position, he served as lead litigator in FERC's first modern federal-court enforcement action, alleging manipulation of the electric markets by a major financial institution. The case resulted in the largest settlement in a litigated enforcement matter in FERC history. During this case, he successfully argued a number of critical new issues for FERC, including establishing that the alleged conduct fell within FERC's jurisdiction rather than the Commodity Futures Trading Commission’s exclusive jurisdiction, FERC’s authority to bring a manipulation case against individuals, and the definition of manipulative conduct under the Federal Power Act. See FERC v. Barclays Bank PLC, 105 F. Supp. 3d 1121 (E.D. Cal. 2015). Wes also worked on the first administrative litigation implementing FERC’s anti-manipulation authority and is one of the few attorneys to have litigated cases under all three of FERC's major statutory enforcement schemes: the Federal Power Act, the Natural Gas Act, and the Natural Gas Policy Act. He previously served as special assistant attorney general in the Office of the Attorney General of the District of Columbia.
Wes is certified by the Global Association of Risk Professionals as both a Financial Risk Manager and an Energy Risk Professional. He was also elected and serves as a member of the DC Bar's Environment, Energy and Natural Resources Community's steering committee.
- District of Columbia
- New York
- US District Court, District of Columbia
- US District Court, Southern District of New York
- US District Court, Eastern District of New York
- US Court of Appeals, Federal Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Federal Claims
- J.D., Harvard Law School, 2003, cum laude
- M.A., Washington University in St. Louis, 2000
- B.A., Washington University in St. Louis, 2000, Phi Beta Kappa
- Lead counsel and investigator in FERC's prosecution of a major financial institution in alleged market manipulation of US electricity markets.
- Litigation counsel in FERC's prosecution of an energy company in alleged market manipulation of physical natural-gas indices to benefit financial derivative positions.
- Litigation counsel in FERC's prosecution of a natural gas pipeline company in alleged undue discrimination of access to pipeline capacity.
- Investigator of whether a merchant generator had engaged in market manipulation by withholding.
- Investigator of whether a public utility had violated FERC's standards of conduct requiring separation of merchant and transmission functions.
- Litigation counsel to an international oil producer in a crude supply agreement breach action.
- Litigation counsel to a public utility in a coal supply agreement breach action.
- Litigation counsel to a pharmaceutical company alleged to have engaged in a vertical conspiracy to restrain trade and monopolize the market by preventing generic drug entry.
- Litigation and advisory counsel to an international mining company alleged to have committed monopolization and fraud, including providing advice on reformulation of business model to comply with antitrust laws.
- Litigation counsel to an international airline in a multinational criminal investigation into potential price-fixing of rates and surcharges with competitors for air freight.
- Litigation counsel to an international biotechnology company that sued a competitor for monopolization of the market for transgenic agricultural seeds.
"Climate Risk: Regulatory and Practitioner Approaches," Global Association of Risk Professionals, April 2019
"Jurisdictional Blurred Lines between FERC and the CFTC," Energy Bar Association, September 2015
News & Publications
Energy Law Report
May 7, 2019
Public Utilities Fortnightly
May 2, 2019
By: Wesley J. Heath
February 20, 2019
November 20, 2018
October 3, 2018
By: Wesley J. Heath
April 4, 2018
- Legal 500 US, Industry Focus: Energy Regulation: Conventional Power (2019)
Financial Risk Manager, Certified by the Global Association of Risk Professionals (GARP)
Energy Risk Professional, Certified by GARP
Attorney, Division of Investigations, Federal Energy Regulatory Commission, Office of Enforcement
Special Assistant Attorney General for the District of Columbia, Civil Division