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.

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 principal 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

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

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

"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

Community Leadership Award, Jewish Community Relations Council of Greater Washington, 2018

Selected to The Best Lawyers of America©, 2013-2017 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."

Professional & Civic Activities

Professional & Civic Activities

American Bar Association

DC Bar Association

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

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