A highly-regarded regulatory and appellate attorney, Harvey is lauded by clients and peers for his work in appellate cases and for his knowledge of antitrust and competition issues affecting regulated industries.
Overview
Harvey's deep experience before the Federal Energy Regulatory Commission (FERC), the Federal Communications Commission (FCC) and the federal appellate courts makes him a uniquely qualified thought leader and trusted advisor for clients in the electric utility, communications and natural gas industries.
A Chambers-rated attorney, Harvey brings a wealth of knowledge to his legal counsel in litigation, appellate, transactional and other legal services. His experience includes over 20 oral arguments before various federal circuit courts of appeal, work in government supervising FERC trial lawyers, and representation of natural gas distributors, governmental agencies, the World Bank, electric utilities, cogenerators, gas and power marketers and Internet service providers in regulatory proceedings. Harvey offers regulatory and trial insights based on a multi-faceted legal career with a strong focus on antitrust and competition issues.
Experience
Known for his work and publications on competition in the electric and natural gas industries, Harvey concentrates on proceedings before FERC and the federal courts involving the competitive restructuring of the natural gas and electric utility industries.
On behalf of a coalition of municipal and rural electric utilities in the WestConnect planning region, Harvey successfully negotiated a settlement in principle to resolve a lawsuit by El Paso Electric Co. charging that FERC had unlawfully authorized an Order No. 1000 regional transmission plan that subsidized municipal utilities.
Harvey successfully challenged, on behalf of Sacramento Municipal Utility District, the FERC decision granting PG&E a rate of return adder for remaining in an RTO that PG&E could not leave without the California Public Utilities Commission's permission.
Harvey represented coalitions of state public utility commissions in the Northeast and the Midwest in cases related to the formation of Regional Transmission Organizations (RTOs), represented a large municipal utility in cases involving the design of California electric markets, and has represented groups of local gas distributors in pipeline rate proceedings before FERC.
Before the FCC, he represented a broad group of state consumer advocates, local communities and internet service providers (ISPs) advocating open access to cable systems by ISPs to promote competition with cable-affiliated ISPs.
Before the Ninth Circuit, Harvey successfully challenged a FERC order granting a utility an "incentive" payment for remaining in an RTO on grounds that state law required the utility to maintain its RTO membership and that the "incentive" amounted to an unlawful windfall.
News & Insights
News
Speaking Engagements
Presenter, "Antitrust Liability: Public Power Is Not Immune," American Public Power Association (APPA) Legal & Regulatory Conference, October 2018
Moderator, "FELJ Author Talk - Deregulation: Process and Procedures that Govern Agency Decisions in an Era of Rollbacks," Energy Bar Association, February 2018
Presenter, "Federal Court Cases that Could Affect RPSs," Webinar, Clean Energy States Alliance, December 2017
Panel Member, "State & Federal Jurisdiction over Energy & Telecommunications Services: Who's Authority Prevails?," Minnesota State Bar Association, March 2016
Institute of Public Utilities Regulatory Studies Program: Camp NARUC, August 2015
Panelist "My Best and Worst Experiences Facing the Appeals Court Judges: Lessons from Real World Experience," Energy Bar Association's Judicial Review Committee lunch meeting, February 2015
Panel Member, "Are States Being Heard By Their RTOs?," National Conference of Regulatory Attorneys, June 2014
Instructor, “FERC Electricity 101,” EUCI Conference, April 2014
Moderator, “State Jurisdiction Over Distributed Generators,” The Foundation of the Energy Law Journal webinar, March 2014
Panel Member, “Preserving the Integrity of the Electric Power Markets: Why States Should Be an Indispensable Party in Federal Enforcement Actions Against Market Manipulation,” National Regulatory Research Institute teleseminar, February 2014
Publications
"3 Power Rulings Change Outlook For Transmission Cos.," Law360, January 2024
"Should The Public Charge Case Still Have Life?," Law 360, March 2022
"FERC Ruling Smooths Path for Municipal Electric Systems," Law 360, January 2018
Featured, "PG&E overcharged ratepayers in transmission case, court rules," San Francisco Chronicle, January 8, 2018
Featured, "Eversource, Avangrid artificially constrained gas pipeline capacity for years, report argues," Utility Drive, October 11, 2017
Featured, "Energy Cases to Watch in 2nd Half of 2017," Law 360, June 2017
Featured, "The Biggest Energy Rulings Of 2017: Midyear Report," Law 360, June 2017
Co-Author with William Greene, "The Case for Reforming Net Metering Compensation: Why Regulators and Courts Should Reject the Public Policy and Antitrust Arguments for Preserving the Status Quo," Energy Law Journal, November 2016
Co-Author with Delia Patterson, General Counsel of the American Public power Association, "Chasing the Uncatchable: Why Trying to Fix Mandatory Capacity Markets is Like Trying to Win a Game of Whack-a-Mole," Public Utilities Fortnightly, May and June 2016
"NERC's New Critical Infrastructure Protection Standards: Lessons from its Pilot Program," Energy Manager Today, February 2016
"Removing Unconstitutional Barriers to Out-of-State and Foreign Competition from State Renewable Portfolio Standards: Why the Dormant Commerce Clause Provides Important Protection for Consumers and Environmentalists," Energy Law Journal, April 2015
"When is Renewable not Renewable? The Constitutionality of State Laws Denying New Large Canadian Hydroelectric Projects Treatment as Renewable Resources", Harvard Business Law Review, April 2015
"Ninth Circuit Denies Rehearing of Constitutional Challenge to California Fuel Standards,” Stinson Leonard Street Insight, February 2014
Recognitions
Recognitions
Selected to the 2023 - 2024 Lawdragon 500 Leading U.S. Energy Lawyers guide
Washington, DC Super Lawyers®, Energy and Resources, 2021- 2023
Community Leadership Award, Jewish Community Relations Council of Greater Washington, 2018
Selected to The Best Lawyers of America©, 2013 - 2024 Washington, DC Super Lawyers for Energy Law, Energy & Natural Resources, Administrative Law and Appellate
Chambers USA: America's Leading Lawyers for Business for Energy & Natural Resources, described as a "well-regarded FERC attorney who is noted by sources for his work in appellate cases and for his knowledge of antitrust matters."
Energy Bar Association's Paul Nordstrom Service Award for exemplary service to the Energy Bar Association and the community, 2020
Jewish Council for Public Affairs Tikkun Olam Award, Partner in Repairing the World, November 2020
Stinson LLP 2020 Distinguished Service Award
Advocates for Human Rights 2021 Volunteer Award
Professional & Civic Activities
Professional & Civic Activities
American Bar Association
DC Bar Association
Tzedek DC Advisory Board, 2018 - Present
Energy Bar Association (EBA), active in formation of the EBA Charitable Foundation
- Electric Power Regulation Committee of the EBA Association, Former Chair and Board Member
- Energy Law Journal, Editor-in-Chief
Jewish Community Relations Council of Greater Washington, President, Member of Executive Committee
Commission for Law and Social Action of the American Jewish Congress National Capital Region, Chair, 1987-2009
Charitable Foundation of the Energy Bar Association, Former Board Member, 2004-2006
Recipient of the Community Service Award for Project Citizenship of the UJA Federation of Greater Washington, 1998
Adjunct Law Professor, The George Washington University Law School, Fall 2017-present
Adjunct Law Professor, Vermont Law School, Summer 2010, 2011 semesters
Instructor, Institute of Public Utilities, Michigan State University 2005-present
Practices & Industries
Admissions
- Michigan, 1975
- District of Columbia, 1976
- U.S. Courts of Appeals for the DC, First, Second, Third, Fifth, Sixth, Eighth, Ninth, and Tenth Circuits
- U.S. Supreme Court
Education
Boston University, J.D., 1975
Michigan State University, B.A., with high honors, Economics, 1972
