Jim Barkley’s practice focuses on the regulatory counseling of energy industry clients in agency proceedings, projects, corporate transactions and civil litigation. He represents electric utilities, pipelines, power generators, and energy consumers before the Texas Public Utility Commission, Texas Railroad Commission, ERCOT, Texas Reliability Entity, and other federal and state agencies, as well as in state and federal courts.
Electric Regulatory. Mr. Barkley has represented a variety of electric market participants on matters before the Texas Public Utility Commission (PUCT): a traditional transmission and distribution utility, new entrant transmission-only service providers, wind generation developers, power generation companies, retail electric providers and retail electric consumers. He has handled contested rate cases and licensing proceedings, rulemakings and complaint investigations and has litigated cases heard by the State Office of Administrative Hearings as well as by the PUCT Commissioners themselves. He has represented clients in investigations, challenges to rules, and market structuring proceedings at the Electric Reliability Council of Texas (ERCOT), Texas Reliability Entity (TRE), PUCT and Federal Energy Regulatory Commission (FERC). Mr. Barkley has been lead outside counsel for a transmission and distribution utility on matters before the PUCT related to one of the nation's first deployments of an advanced metering system and smart grid.
Oil & Gas Regulatory/Midstream Transactions. Mr. Barkley has assisted clients with a variety of midstream oil and gas projects, including pipeline construction projects, gas storage projects, gas sales, transportation and processing arrangements. He has represented clients on oil and gas matters, including contested case hearings, before the Texas Railroad Commission (TRRC), particularly related to the TRRC's regulation of pipelines. Mr. Barkley has provided regulatory counsel for numerous corporate transactions involving the transfer or construction of oil and liquids pipeline assets, including representation of pipeline projects in state and federal court litigation against pipeline opponents.
Energy Project Siting. Mr. Barkley counsels and defends clients on matters related to the siting of energy projects, including eminent domain law and other matters related to project rights-of-way. Mr. Barkley has represented one of the world's largest wind generation companies in litigation over a proposed project near the Texas Gulf Coast. Mr. Barkley led a team of Baker Botts attorneys who defended the project against attacks at the Texas Public Utility Commission, the Texas General Land Office, the Texas Coastal Coordination Council, Texas state courts, federal district court, and the National Oceanic and Atmospheric Administration (NOAA). In the most serious of these challenges, an injunction suit in federal district court, Mr. Barkley and the Baker Botts team received a dismissal of the case.
Before joining Baker Botts, Mr. Barkley was a consultant in Washington, D.C., advising several major non-U.S. utilities on U.S. energy and environmental legislation. From 1985 to 1990, he held several positions, including research associate, in the Arms Control and Crisis Management Program at the Washington-based Center for Strategic and International Studies.
Awards & Community
Recognized in Chambers USA, 2011-2023
Recognized as a "Trailblazer" for Energy/Environmental Litigation by The National Law Journal, 2016
Recognized as a Texas Super Lawyer, (Thomson Reuters), 2006
News
Baker Botts’ Band 1 Practice Rankings Increase by 27% in Chambers USA 2023
Kansas Gas Service's $336 Million Offering of Utility Securitization Bonds
Global Legal ChronicleGlobal Legal Chronicle
Baker Botts Represents Kansas Gas Service in $336 Million Offering of Utility Securitization Bonds
Baker Botts Furthers Its Accolades Across the Energy Sector
Baker Botts Earns 45 Practice Rankings in Chambers USA 2022
Baker Botts Continues to Soar in Power and Renewables Rankings
Baker Botts Expands Top Rankings Across Entire Spectrum of the Energy Sector
Texas Panel Won't Revive Kinder Morgan Pipeline Siting Fight
Law360Law360
Baker Botts’ Practices and Lawyers Take More Top Spots in Chambers USA 2021
Chambers Awards 16 Band-1 Rankings to Baker Botts Global Projects Department
CDT Roundup: 18 Deals, 16 Firms, 124 Lawyers, $5.63B
Texas Lawbook, TheTexas Lawbook, The
Baker Botts Represents CenterPoint Energy in 1.4 Billion Equity Investment
4 Firms Steer $1.4B Equity Injection For CenterPoint Energy
Law360Law360
CenterPoint Infused With Capital From Elliott, Investors
Activist Daily - The DealActivist Daily - The Deal
Baker Botts’ Band-1 Lawyer Rankings Increase by 38% in Chambers USA 2020
Thought Leadership
Legislature and Attorney General Limit Local Regulation of Businesses
Client UpdatesCourt of Appeals Grants Power Generator Mandamus in Winter Storm Uri Multidistrict Litigation, Dismissing Plaintiffs' Claims
Client UpdatesEnergy Litigation Update
Texas Legislature Offers Relief to Certain Businesses Facing Obstruction by Local Governments; Cities Fight Back
Client UpdatesLitigation Update
Texas AG Provides Guidance on Local Efforts to Curb Solar Development
Client UpdatesEnergy Storage Issues in the ERCOT Market
Client UpdatesEnergy Update
Texas Wholesale Electricity Market Redesign
Client UpdatesEnergy Update
Illinois Sustainable Aviation Fuel Tax Credit
Client UpdatesGlobal Projects Update
Energy Enforcement Insider: Ongoing Regulatory Enforcement Risk in Texas after Winter Storm Uri
Webinar2023 Energy Litigation Outlook
Client UpdatesEnergy Litigation Update
FERC Order Authorizing Commonwealth LNG Project Highlights Commission Divides
Client UpdatesEnergy Regulatory Update
Texas PUC Addresses ERCOT Bylaws and Market Design
Client UpdatesEnergy Regulatory Update
Texas RRC Amends Rule on Critical Designation of Natural Gas Infrastructure
Client UpdatesEnergy Regulatory Update
FERC Issues Duty of Candor NOPR in Docket No. RM22-20-000
Client UpdatesTexas Supreme Court holds in BlueStone that gathering costs can sometimes be deducted as post-production costs
Client UpdatesClient Update
FERC Receives Preliminary Report on Winter Storm Uri at Sept. 23 Open Meeting, Promises Action to Prevent Future Reliability Failures
Client UpdatesEnergy Regulatory Update
Winter Storm Uri and its Aftermath
Speeches & PresentationsAmerican Gas Association Legal Forum
Texas Legislative Response to Winter Storm Uri
Client Updates2020 Year In Review and Energy Outlook: Disruption and Transition for the Energy Industry
Client UpdatesEnergy Update
Energy Regulatory Developments to Watch
Client UpdatesEnergy Update
COVID-19 Effects on Energy Industry
Client UpdatesEnergy Update
Winter Storm Uri
Client UpdatesSecurities and Finance Disclosure Update
State Regulation of Renewable Energy: Energy Standards, Rate Structures, Siting, Permitting, Transmission
WebinarOn Thursday, January 28, Baker Botts Partner Jim Barkley will be participating in a panel discussion hosted by Strafford.
Considerations for a Biden Administration – FERC
VideoRRC Acts to Relieve Regulatory Burden While Denying Proration Request
Client UpdatesEnergy Update
Prorationing Proposal at Texas Railroad Commission Appears Headed for Defeat
Client UpdatesEnergy Update
Update on Latest RRC Prorationing Discussions
WebinarWhat We're Hearing (and Listening for) in RRC Prorationing Discussions
Client UpdatesEnergy Regulatory Update
Update: Texas RRC Schedules Prorationing Discussion for April 14
Client UpdatesEnergy Update
Oil Prorationing in the Spotlight at Texas Railroad Commission
Client UpdatesEnergy Update
Stay at Home Ordinances, Essential Employees and Hall Passes
WebinarMultiple States' "Stay-at-Home" Orders Exempt Essential Energy Industry Personnel
Client UpdatesEnergy Update
2019 - A Year of Change for Worldwide Energy
Client UpdatesEnergy Update
Events
Upcoming
Recent
Infocast - ERCOT Market Summit
Infocast ERCOT Market Summit
GCPA Fall Conference
GCPA Spring Conference
GCPA Fall 2021 Virtual Conference
Baker Botts is proud to be a sponsor of the GCPA Fall 2021 Virtual Conference on September 20-22.