Gene Elrod advises domestic and international energy companies on their most complex regulatory matters and related commercial issues.

Drawing on several decades of experience in government and private practice, Mr. Elrod represents owners of energy assets across the oil, natural gas, and power sectors. His clients have included a diverse mix of producers, pipelines, storage and local distribution companies, electric utilities and other participants in wholesale power markets, and large industrial consumers of electric power.

Mr. Elrod brings sophisticated knowledge of how to navigate regulatory agencies, garnered from his experience serving as a trial attorney at the Federal Power Commission on gas pipeline and electric utility matters. His work in private practice encompasses major regulatory proceedings and transactions. Mr. Elrod’s representations include proceedings at the Federal Energy Regulatory Commission (FERC), in state courts, before state regulatory commissions, and before Canada's National Energy Board (now Canada Energy Regulator). He has also briefed and argued cases in both federal and state appellate courts.

Mr. Elrod also regularly advises on regulatory issues arising in large-scale mergers and acquisitions, corporate restructurings, and capital markets offerings. His clients include publicly traded corporations, private equity firms, and other energy asset owners and investors.

Mr. Elrod has an active pro bono practice focused on representing veterans seeking medical, retirement, and other benefits. These representations are part of the National Veterans Legal Services Program’s “Lawyers Serving Warriors” project.

Mr. Elrod has served on Law360’s Energy Editorial Advisory Board since its inception in 2011. He is a Life Fellow of the American Bar Foundation.

Accolades

  • Leading Lawyer for Energy Regulation: Oil & Gas Legal 500 US 2019-2021
  • Band 1 for Oil & Gas – Regulatory & Litigation Chambers Global 2005-2021
  • Band 1 for Oil & Gas – Regulatory & Litigation Chambers USA 2005-2021
  • Lawyer of the Year in Washington, D.C. for Oil & Gas (2019 and 2014), Energy Regulatory (2018), and Energy (2015) Best Lawyers
  • Client Choice Award in Energy & Natural Resources International Law Office 2015
  • Energy & Environmental Trailblazer Award The National Law Journal 2015
  • Leading Lawyer for Energy Litigation: Oil & Gas Legal 500 US 2008-2015
  • “Works well with regulators and opposing counsel while vigorously representing our point of view, all without alienating anyone.” International Law Office 2015

Mr. Elrod’s experience includes advising and representing:

  • ExxonMobil Pipeline Company in proceedings before FERC, the Regulatory Commission of Alaska, and the US Court of Appeals for the D.C. Circuit regarding rates for transportation of crude oil over the Trans Alaska Pipeline System (TAPS)
  • Howard Energy Partners in oil and gas pipeline matters before FERC
  • Hilcorp Alaska, LLC in litigation before the FERC regarding the TAPS Quality Bank, which makes monetary adjustments among TAPS shippers for differences in the qualities of crude oil they tender to the pipeline
  • Various sponsors of, and lenders to, oil and gas pipeline projects in M&A transactions, including serving as energy regulatory counsel for:
    • Occidental Petroleum Corporation’s de-consolidation of Western Gas Partners
    • Pembina Pipeline’s acquisition of Kinder Morgan’s Cochin Pipeline
    • Marathon Petroleum’s integration of Andeavor Logistics LP into MPLX LP
    • Enagás International, S.A.’s investment in Tallgrass Energy
    • POTAC’s development of a liquid hydrocarbon storage and marine terminal, in Corpus Christi, Texas
  • The committee of unsecured creditors with respect to FERC proceedings in connection with a chapter 11 reorganization of a major interstate gas pipeline company*  
  • Crude oil and petroleum products pipelines regarding FERC compliance and enforcement matters
  • Producers, shippers, and transporters of crude oil and petroleum products on a wide variety of issues, including federal/state jurisdiction, capacity expansion/open season rates, terms and conditions of service, and crude oil characteristics
  • TransCanada and Exxon Mobil in their joint effort to design and build an Alaska gas pipeline*

* Matter handled prior to joining Latham

Thought Leadership

Mr. Elrod’s thought leadership includes articles in:

  • Regulation of the Gas Industry (2016-2020)
  • Energy Regulatory and Markets Review, 9th edition (2020)

Bar Qualification

  • District of Columbia

Education

  • JD, Emory University School of Law, 1974
  • AB, Dartmouth College, 1971

Languages Spoken

  • English