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Recognition

163 Dorsey Lawyers Selected for Inclusion in 2022 The Best Lawyers in America, Lawyers of the Year and Ones to Watch

August 19, 2021

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International law firm Dorsey & Whitney LLP announced today that 163 lawyers from 12 of the Firm’s U.S. offices were recently selected by their peers for inclusion in The Best Lawyers in America® 2022 (BL Rankings LLC). In addition, 12 of those lawyers, from the Firm’s Anchorage, Des Moines, Minneapolis, New York, Salt Lake City and Seattle offices, were recognized as Best Lawyers® 2022 Lawyers of the Year.

Best Lawyers: Ones to Watch 2022 recognized 34 Dorsey attorneys. This award recognizes extraordinary lawyers who have been in private practice for less than 10 years in the United States. Like traditional Best Lawyers awards, a Best Lawyers: Ones to Watch recognition is based entirely on peer review.

Listed below are the Dorsey lawyers recognized as 2022 Lawyers of the Year, 2022 Ones to Watch and 2022 Best Lawyers, the areas of practice in which they are named, the first year they were listed in Best Lawyers and their office location.

Best Lawyers 2022 Lawyers of the Year: 

  • Robert E. Cattanach
    Minneapolis–Litigation – Environmental
  • Louisiana W. Cutler
    Anchorage–Municipal Law
  • Katie Ervin Carlson
    Des Moines–Employment Law - Individuals
  • L. Grant Foster
    Salt Lake City–Copyright Law
  • Jocelyn Knoll
    Minneapolis–Litigation-Construction
  • Bridget A. Logstrom Koci
    Minneapolis–Trusts and Estates
  • Michael R. Mills
    Anchorage–Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Marianne O'Bara
    Seattle–Employee Benefits (ERISA) Law
  • Neal N. Peterson
    Minneapolis–Health Care Law
  • Richard H. Silberberg
    New York–Arbitration
  • Alissa Smith
    Des Moines–Health Care Law
  • Joan M. Travostino
    Anchorage–Real Estate Law

2022 Ones to Watch: (*) Lawyers who are listed for the first time in Best Lawyers: Ones to Watch

  • Briana Al Taqatqa (*)
    Minneapolis–Labor and Employment Law-Management
  • Jonathan S. Barnard (*)
    Seattle–Intellectual Property Law
  • Paul K. Beck (2021)
    Minneapolis–Administrative/ Regulatory Law
  • Ian Blodger (*)
    Minneapolis–Commercial Litigation
  • Christina Carroll (*)
    Dallas–Commercial Litigation
  • Jennifer R. Colich (2021)
    Minneapolis–Trusts and Estates
  • Manuel A. Cornell (2021)
    Des Moines–Appellate Practice
    Commercial Litigation
  • Timothy J. Droske (*)
    Minneapolis–Commercial Litigation
  • Evan Everist (2021)
    Minneapolis–Banking and Finance Law
    Intellectual Property Law
  • Wendy M. Feng (2021)
    Seattle–Banking and Finance Law
    Commercial Litigation
  • Anna K. B. Finstrom (2021)
    Minneapolis–Appellate Practice Commercial Litigation
  • Roxanna V. Gonzalez (2021)
    Commercial Litigation
  • Emily C. Hammond (*)
    Des Moines–Banking and Finance Law
  • Madeline D. Hepler (2021)
    Seattle–Commercial Litigation
    Litigation-Patent
  • Andrew T. James (2021)
    Minneapolis–Litigation-Labor and Employment
  • Robert J.M. Lee (2021)
    Seattle–Litigation-Intellectual Property
  • Lincoln Loehrke (*)
    Minneapolis–Construction Law 
    Litigation–Construction
  • Shannon Lynch Haen (*)
    Denver–Intellectual Property Law
  • Marina Lyons (*)
    Seattle–Labor and Employment Law-Management
  • Brian E. Mason (2021)
    Dallas–Commercial Litigation
  • Peter R. Mayer (*)
    Minneapolis–Tax Law
  • Siena Moberly Caruso (2021)
    Anchorage–Commercial Litigation
  • Josh Oie (*)
    Minneapolis–Commercial Litigation
  • Kirk Schuler (*)
    Des Moines–Commercial Litigation
  • Jesse Sheedy (*)
    Tax Law
    Trusts and Estates
  • Michael Sly (2021)
    Minneapolis–Banking and Finance Law
  • Nicole H. Strydom (2021)
    Minneapolis–Mergers and Acquisitions Law
  • Jack Sullivan (*)
    Minneapolis–Labor and Employment Law – Management
    Litigation - Labor and Employment
  • Mathew Teagarden (2021)
    Seattle–Trusts and Estates
  • Tiana Towns (2021)
    Minneapolis–Commercial Litigation
  • Grant Turpin (*)
    Minneapolis–Public Finance Law
  • Nicholas K. Tygesson (2021)
    Minneapolis–Commercial Litigation
  • Ashley M. Walker (2021)
    Salt Lake City–Commercial Litigation
  • Stephen Weingold (2021)
    Denver–Commercial Litigation

The Best Lawyers in America 2022: (*) Lawyers who are listed for the first time in Best Lawyers

ANCHORAGE, AK

  • Louisiana W. Cutler (2007)
    Employment Law - Individuals
    Employment Law–Management
    Land Use and Zoning Law
    Litigation–Labor and Employment
    Municipal Law
  • Michael R. Mills (2003)
    Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
  • Joan M. Travostino (2007)
    Corporate Law
    Land Use and Zoning Law
    Municipal Law
    Real Estate Law


COSTA MESA, CA

  • John Baker (*)
    Commercial Litigation
  • Juan C. Basombrio (2007)
    Litigation–Antitrust
  • Gabrielle M. Wirth (2007)
    Employment Law–Management
    Labor Law–Management
  • Dennis Wong (2011)
    Banking & Finance Law


DALLAS, TX

  • G. Michael Gruber (2011)
    Commercial Litigation
  • Robert B. Hale (2008)
    Corporate Law
    Mergers and Acquisitions Law
  • Jay J. Madrid (2003)
    Commercial Litigation
    International Arbitration–Commercial
    Mediation
  • Jamie G. Whatley (2021)
    Banking and Finance Law


DENVER, CO

  • Deborah Howitt (2020)
    Privacy and Data Security Law
  • Charlene Krogh (2021)
    Copyright Law
    Trademark Law
  • Lee R. Osman (2007)
    Litigation–Intellectual Property
    Litigation–Patent
    Patent Law
    Technology Law
  • Lisa A. Osman (2016)
    Trademark Law
  • Kenneth G. Sam (2013)
    Securities/Capital Markets Law
  • Gregory S. Tamkin (2017)
    Litigation–Intellectual Property
    Litigation–Patent
  • Paul G. Thompson (2014)
    Corporate Law
  • Michael Weiner (*)
    Venture Capital Law

DES MOINES, IA

  • Rebecca A. Brommel (2020)
    Health Care Law
    Litigation - Health Care
  • Katie Ervin Carlson (2019)
    Employment Law – Individuals
    Litigation - Labor and Employment
  • Catherine C. Cownie (2016)
    Health Care Law
  • John P. Danos (2019)
    Economic Development Law
    Public Finance Law
  • David D. Grossklaus (2005)
    Public Finance Law
  • Robert E. Josten (2003)
    Public Finance Law
  • Cristina Kuhn (2013)
    Public Finance Law
  • William J. Miller (2016)
    Commercial Litigation
    Litigation–Labor & Employment
  • Alissa Smith (2015)
    Health Care Law

MINNEAPOLIS, MN

  • Jonathan B. Abram (2007)
    Securities/Capital Markets Law
  • Michael J. Ahern (2010)
    Administrative/Regulatory Law
    Government Relations Practice
  • Timothy B. Arends (2013)
    Employee Benefits (ERISA) Law
  • William J. Berens (1993)
    Litigation–Trusts & Estates
    Trusts & Estates
  • Rebecca J. Bernhard (2019)
    Employment Law–Management
  • Theresa Bevilacqua (*)
    Commercial Litigation
  • Shannon Bjorklund (2021)
    Litigation - Intellectual Property
  • Andrew Brantingham (*)
    Commercial Litigation
  • B. Andrew Brown (2007)
    Litigation–Environmental
  • Elizabeth C. Buckingham (2010)
    Copyright Law
    Trademark Law
  • Robert E. Cattanach (2008)
    Litigation–Environmental
  • Monica Clark (2020)
    Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Ross D’Emanuele (2017)
    Health Care Law
  • Skip Durocher (2013)
    Commercial Litigation
    Native American Law
  • L. Joseph Genereux (2007)
    Banking & Finance Law
  • Mark E. Hamel (1995)
    Real Estate Law
  • Peter L. Harris (2020)
    Banking and Finance Law
  • Paul W. Heiring (2016)
    Litigation–ERISA
  • Stuart R. Hemphill (2016)
    Litigation–Intellectual Property
  • Robert Hensley (2021) (Robert is primarily resident in Dorsey’s Denver office)
    Mergers and Acquisitions Law
  • Nathan E. Honson (2013)
    Tax Law
  • J David Jackson (2016)
    Commercial–Litigation
  • Mark R. Kaster (2010)
    Administrative/Regulatory Law
  • Thomas O. Kelly III (2019)
    Banking and Finance Law
    Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
  • Jocelyn Knoll (2016)
    Construction Law
    Litigation–Construction
  • Peter M. Lancaster (2011)
    Litigation–Intellectual Property
    Litigation–Patent
  • Jim Langdon (2021)
    Commercial Litigation
  • Jay R. Lindgren (2006)
    Land Use & Zoning Law
    Public Finance Law
  • Michael A. Lindsay (2008)
    Litigation–Antitrust
  • Bridget A. Logstrom Koci (2008)
    Litigation–Trusts & Estates
    Trusts & Estates
  • Stephen P. Lucke (2010)
    Commercial Litigation
    Litigation–ERISA
  • Edward B. Magarian (2011)
    Litigation–Antitrust
  • John Marsalek (2021)
    Corporate Law
    Mergers and Acquisitions Law
  • John Marti (2020)
    Criminal Defense: White-Collar
  • David Meyer (2018)
    Real Estate Law
  • Ryan E. Mick (2018)
    Employment Law–Management
    Litigation–Labor & Employment
  • Marcus A. Mollison (2019)
    Real Estate Law
  • Peter Nelson (2017)
    Banking & Finance Law
  • Steven C. Nelson (2013)
    Mergers & Acquisitions Law
  • Barry Newman (2018)
    Trusts & Estates
  • Robert J. Olson (2013)
    Construction Law
    Real Estate Law
  • Katina M. Peterson (2020)
    Tax Law
  • Neal N. Peterson (2017)
    Health Care Law
  • Michael K. Pignato (2021)
    Banking and Finance Law
  • Michael J. Radmer (2007)
    Mutual Funds Law
  • F. Matthew Ralph (2020)
    Commercial Litigation
    Litigation - Antitrust
  • Melissa Raphan (2009)
    Employment Law–Management
    Litigation–Labor & Employment
  • Robert A. Rosenbaum (2006)
    Corporate Compliance Law
    Corporate Governance Law
    Corporate Law
    Mergers & Acquisitions Law
  • Eric A. O. Ruzicka (2016)
    Construction Law
    Litigation–Construction
  • Betsy Sanders Parker (2021)
    Banking and Finance Law
  • Kim A. Severson (2021)
    Tax Law
  • Eric R. Sherman (2021)
    Commercial Litigation
  • Zeviel Simpser (2021)
    Energy Regulatory Law
    Utilities Law
  • William Stoeri (2019)
    Medical Malpractice Law–Defendants
  • Mary J. Streitz (2012)
    Native American Law
    Tax Law
  • Michele J. Thurnblom (2021)
    Land Use and Zoning Law
    Real Estate Law
  • Thomas W. Tinkham (1989)
    Commercial Litigation
  • Claire H. Topp (2019)
    Nonprofit/Charities Law
  • Alyson Van Dyk (2021)
    Real Estate Law
  • Steven J. Wells (2012)
    Commercial Litigation
    Franchise Law
  • Bradley F. Williams (2021)
    Real Estate Law
  • Sarah Zach (2021)
    Real Estate Law
  • RJ Zayed (2015)
    Criminal Defense: White-Collar
    Litigation–Intellectual Property

MISSOULA, MT

  • Stephen Bell (2020)
    Commercial Litigation
  • Dan Semmens (2021)
    Public Finance Law

NEW YORK, NY

  • Sandra Edelman (2007)
    Litigation–Intellectual Property
  • Bruce R. Ewing (2005)
    Trademark Law
  • Jonathan M. Herman (2012)
    Commercial Litigation
    Litigation–Trusts & Estates
  • Laura M. Lestrade (*)
    Employment Law – Individuals
  • Carlos E. Méndez-Peñate (2003)
    International Trade and Finance Law
  • Richard H. Silberberg (2007)
    Arbitration
    Mediation

SALT LAKE CITY, UT

  • Alan W. Bell (2010)
    Corporate Law
    Mergers & Acquisitions Law
  • Bryon J. Benevento (2006)
    Personal Injury Litigation–Defendants
    Product Liability Litigation–Defendants
  • Brett L. Foster (2013)
    Litigation–Intellectual Property
    Litigation–Patent
    Trade Secrets Law
    Trademark Law
  • L. Grant Foster (2013)
    Copyright Law
    Patent Law
    Trademark Law
  • Megan Houdeshel (2017)
    Environmental Law
    Litigation–Environmental
  • Milo Steven Marsden (2010)
    Bet-the-Company Litigation
    Commercial Litigation
    Litigation–Securities
  • David Marx (2014)
    Corporate Law
  • Mark A. Miller (2015)
    Litigation–Intellectual Property
    Litigation - Patent
    Patent Law
    Trade Secrets Law
    Trademark Law
  • Aaron Murdock (2019)
    Corporate Law
  • Wells Parker (2021)
    Energy Regulatory Law
    Environmental Law
  • Bryan G. Pratt (2020)
    Patent Law
  • William B. Prince (2006)
    Natural Resources Law
    Oil & Gas Law
  • Marcus Simon (2020)
    Litigation – Intellectual Property
    Patent Law
  • Layne T. Smith (2021)
    Corporate Law
  • Nolan S. Taylor (2006)
    Corporate Law
    Mergers & Acquisitions Law
    Securities/Capital Markets Law
    Venture Capital Law
  • Steven T. Waterman (2006)
    Litigation–Bankruptcy
  • Matthew G. Wells (2008)
    Corporate Law
    Mergers and Acquisitions Law
    Venture Capital Law

SEATTLE, WA

  • Nathan Alexander (2021)
    Commercial Litigation
  • Christopher J. Barry (2009)
    Corporate Law
    Mergers & Acquisitions Law
    Securities/Capital Markets Law
  • Michael W. Droke (2007)
    Employment Law–Management
    Labor Law–Management
    Litigation–Labor and Employment
  • Kimton N. Eng (2011)
    Patent Law
  • Aaron Goldstein (2018)
    Employment Law–Management
  • John D. Hollinrake Jr. (2012)
    Tax Law
  • Walter Q. Impert (2018)
    Trusts & Estates
  • J. Michael Keyes (2013)
    Commercial Litigation
    Copyright Law
    Litigation–Intellectual Property
    Litigation–Patent
    Patent Law
    Trademark Law
  • Jeremy Larson (*)
    Commercial Litigation
  • Marianne O'Bara (2007)
    Employee Benefits (ERISA) Law
  • Jennifer Lane Spaith (2021)
    Patent Law

WASHINGTON, DC

  • Thomas O. Gorman (2010)
    Litigation–Securities
    Securities Regulation

WILMINGTON, DE

  • Eric Lopez Schnabel (2016)
    Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

The 2022 edition of The Best Lawyers in America recognizes the professional excellence of more than 66,000 lawyers in 147 practice areas, including 5,846 “Lawyer of the Year” honors. “Lawyer of the Year” honors are awarded to only one lawyer per practice area in each region with extremely high overall feedback from their peers, making it an exceptional distinguishment. More than 10.8 million evaluations were analyzed in the United States, which resulted in recognition of approximately 5% of lawyers in private practice across the country.

For Best Lawyers: Ones to Watch, the methodology is the same as that of Best Lawyers. All candidates recognized in the previous edition of Best Lawyers: Ones to Watch in America were eligible to vote on other nominated lawyers working in the same practice and located in the same geographic region. Awards and recognitions are then based on the feedback received from these top lawyers. Those who receive the highest peer reviews are verified by our trusted research and development team for accuracy of information and confirmation of private practice. More than 990,000 evaluations were analyzed for the 2022 edition of the Best Lawyers: Ones to Watch in America, which resulted in more than 14,000 lawyers in 79 practice areas recognized.

For research purposes, smaller and more rural cities located within a reasonable distance to larger cities are combined into single geographical regions called “metro areas” to help collect as much feedback and data as possible. As defined by Best Lawyers, America is composed of 201 metro areas. Washington D.C. has the largest number of listed Best Lawyers and New York City has the most listed Best Lawyers: Ones to Watch attorneys.

Search The Best Lawyers in America and the Best Lawyers: Ones to Watch in America results by lawyer name, firm, region and/or practice area by visiting www.bestlawyers.com.


 

Firm Highlights

Insights

EPA Limits Title V Re-Litigation of NSR Permits

Overview On September 25, 2026, the U.S. Environmental Protection Agency (“EPA”) published a final rule that significantly limits the ability of third parties to use the Clean Air Act (“CAA”) Title V permitting process to revisit New Source Review (“NSR”) permitting decisions years after those decisions were made. The rule establishes that NSR permitting determinations generally must be challenged during the original permitting proceeding, thereby providing regulated sources with greater permitting certainty and finality for major capital projects. Published in the Federal Register titled Clarifying the Scope of “Applicable Requirements” Under State Operating Permit Programs and the Federal Operating Permit Program (Docket ID No. EPA-HQ-OAR-2023-0401), the rule amends 40 C.F.R. Parts 70 and 71 to codify EPA’s interpretation regarding when requirements established under other CAA programs may be reviewed, modified, or implemented through the Title V operating permit program. The rule becomes effective 30 days after publication. The rule addresses two principal issues: (1) the relationship between NSR preconstruction permitting and Title V operating permits, and (2) the treatment of the General Duty Clause under CAA section 112(r)(1). Most significantly, the rule provides greater certainty for sources navigating the NSR permitting process. EPA’s amendments are intended to ensure that NSR permitting decisions made through an approved public process are generally not revisited later through Title V permit proceedings. The rule responds to a circuit split between the U.S. Courts of Appeals for the Fifth and Tenth Circuits. In Environmental Integrity Project v. EPA, 969 F.3d 529 (5th Cir. 2020), the Fifth Circuit upheld EPA’s interpretation, concluding that it was consistent with the text, structure, and purpose of Title V. In contrast, the Tenth Circuit reached the opposite conclusion in Sierra Club v. EPA, 964 F.3d 882 (10th Cir. 2020), finding that the then-existing regulatory definition of “applicable requirement” did not support EPA’s position. By amending the regulatory language on which the Tenth Circuit relied and codifying the interpretation approved by the Fifth Circuit, EPA has established a nationwide framework governing the interaction between NSR and Title V. NSR and Title V: EPA Establishes a Uniform Nationwide Framework At the core of the rule is EPA’s effort to define the respective roles of NSR and Title V. The rule codifies the approach EPA has applied since 2017: once a source obtains an NSR permit under an EPA-approved permitting program, and that permit was issued following public notice with an opportunity for comment and judicial review, the permit establishes the NSR-related “applicable requirements” of the State Implementation Plan (“SIP”) or Federal Implementation Plan (“FIP”) for Title V purposes. Under this framework, Title V is not a vehicle for re-examining underlying NSR permitting decisions. EPA does not intend to use the Title V process to revisit applicability determinations, emissions calculations, control technology determinations, permit conditions, or other issues resolved through the NSR permitting process. This principle applies regardless of the stage of the Title V proceeding; whether the NSR permit was issued pursuant to a SIP or FIP; the type of NSR issue involved; or whether the NSR permit is incorporated into Title V sequentially or concurrently. Limited Exceptions EPA recognizes several circumstances in which NSR issues may still be reviewed through the Title V program: No NSR permit was issued at all; The permit was issued without public notice and an opportunity for comment and judicial review; or The issue involves substantive overlap between Title V and NSR requirements, such as the adequacy of monitoring provisions. As a result, the rule does not insulate unpermitted projects or foreclose review of matters that independently arise under Title V. Key Regulatory Amendments The rule revises the definition of “applicable requirement” in 40 C.F.R. §§ 70.2 and 71.2. Paragraph (1): Where an NSR permit is issued with public notice and an opportunity for comment and judicial review, the permit establishes and defines the applicable SIP or FIP requirements for Title V purposes. Paragraph (2): All NSR permit terms, including terms contained in minor NSR permits, constitute applicable requirements that must be incorporated into Title V permits. Paragraph (4): CAA section 112(r)(1) (the General Duty Clause) is expressly excluded from the definition of “applicable requirement,” while section 112(r)(7) Risk Management Program requirements remain included. EPA also amended 40 C.F.R. §§ 70.8 and 70.12 to clarify that alleged defects in requirements established outside the Title V process generally do not provide a basis for EPA objection to a Title V permit or for a Title V citizen petition. General Duty Clause Exclusion The rule also codifies EPA’s longstanding position that the General Duty Clause in CAA section 112(r)(1) is not an “applicable requirement” for Title V purposes. EPA points to several considerations supporting that conclusion, including the distinction between the General Duty Clause and Title V permit terms, the provision’s origins in the Occupational Safety and Health Act’s general duty clause, and the different enforcement structures applicable to the General Duty Clause and Title V permit requirements. Importantly, excluding section 112(r)(1) from the definition of “applicable requirement” does not eliminate EPA’s authority to enforce the General Duty Clause independently of the Title V program. The final rule instead clarifies that the General Duty Clause need not—and should not—be incorporated into Title V permits as an applicable requirement. Practical Implications for Regulated Sources Greater Finality for NSR Permits  For projects requiring PSD, nonattainment NSR, or minor NSR permits, the permitting process becomes the primary forum for resolving disputes regarding applicability determinations, emissions calculations, control technology requirements, offsets, and permit conditions. Once an NSR permit is issued through a qualifying public process, regulated sources should face substantially reduced risk that those same issues will be challenged years later through Title V permit proceedings. Reduced Risk of Collateral Permit Challenges Stakeholders have sometimes sought to use Title V permit issuance, renewal, revision, or citizen-petition proceedings to challenge underlying NSR determinations. The final rule makes clear that Title V is not the appropriate vehicle for challenging whether an applicable requirement was correctly established in the first instance. This should reduce the risk of permit delays and uncertainty associated with collateral challenges to previously issued NSR permits. The rule does not, however, eliminate all Title V challenges relating to an NSR permit. Challenges concerning the Title V permit itself—including whether it appropriately incorporates applicable requirements or contains adequate compliance provisions—remain possible. Increased Importance of the Initial NSR Proceeding Because Title V generally will not provide a second opportunity to challenge the substantive validity of an NSR determination, the administrative record developed during the NSR process becomes increasingly important. Permit applicants should ensure that applicability analyses, emissions calculations, control technology evaluations, modeling demonstrations, and supporting technical documentation are thoroughly developed during the original permitting proceeding. For significant projects, applicants may therefore have an additional incentive to identify and resolve potential permitting issues before the NSR permit is issued rather than assuming that unresolved issues can be addressed during a subsequent Title V proceeding. Potential Incentive for Broader Public Participation EPA also notes that permitting authorities may choose to provide public notice and an opportunity for comment for a broader range of NSR permits because permits issued through a qualifying public process receive the benefit of the finality framework established by the rule. Some permitting authorities may conclude that greater public participation at the NSR stage is preferable to uncertainty during subsequent Title V proceedings. Conclusion The final rule is principally a permitting-certainty measure. For sources that obtain NSR permits through a public process, EPA has substantially limited the ability of third parties to revisit underlying NSR determinations through the Title V program. As a result, regulated entities should benefit from greater finality regarding key permitting decisions, reduced risk of collateral permit challenges, and increased certainty when planning and implementing capital projects.

Insights

The Supreme Court Update - October 8, 2026

On September 29, 2026, the Supreme Court granted certiorari in one case: Department of Homeland Security v. D.V.D., No. 26-426: This case concerns the Trump Administration’s “third-country removal” procedures, where immigrants are deported to countries not listed in the removal orders. In granting certiorari, the Court granted the Government’s application to stay a lower court decision halting the practice, which will allow third-country removals to continue pending resolution of the case. The issues presented are: (1) Whether the district court had jurisdiction over respondents’ claims; (2) whether the district court had authority to enter class-wide declaratory relief and APA vacatur under 8 U.S.C. § 1252(f)(1); (3) whether the Government’s guidance on third-country removals is unlawful under 8 U.S.C. § 1231(b), the due process clause, or FARRA/CAT and its implementing regulations; and (4) such other questions that the Government determines are appropriate for the proper disposition of the case. On October 1, 2026, the Court granted certiorari in three additional cases: Rhoney v. Barbosa da Cunha, No. 26-104: Immigration officials detained Ricardo Aparecido Barbosa da Cunha—a Brazilian citizen who had lived in the United States for approximately twenty years after entering without inspection—and denied him a bond hearing under 8 U.S.C. § 1225(b)(2)(A). The Second Circuit held that his detention was instead governed by § 1226(a), which permits release on bond, because § 1225(b)(2)(A)’s mandatory-detention requirement applies only to noncitizens apprehended while entering the country or shortly thereafter. The question presented is: Whether 8 U.S.C. § 1225(b)(2)(A) mandates the detention pending removal proceedings of aliens who, like Barbosa da Cunha, are present in the United States without having been admitted. Missionaries of St. John the Baptist, Inc. v. Frederic, No. 25-113: A Catholic religious organization sought to build a shrine to the Virgin Mary on land the organization owned adjacent to its church in Park Hills, Kentucky. Local zoning restrictions prohibited the proposed construction. The question presented is: Whether a land-use regulation that prohibits a religious institution from building a religious structure on its own property constitutes a “substantial burden” on religious exercise under the Substantial Burden Provision of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc(a). Marschner v. Marschner, No. 25-1349: Under the Uniformed Services Former Spouses’ Protection Act (“USFSPA”), a veteran’s longevity-based retirement pay can be divided in a divorce, but retirement pay based on disability and retirement pay that was waived to receive disability pay are indivisible. The question presented is: Does the USFSPA require state courts to refuse enforcement of indemnification provisions in a divorce settlement agreement?

Insights

Energy Law: Month in Review - September 2026

Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. Please reach out to any of the authors, listed above, to discuss these issues. Regulatory Developments Massachusetts Ratchets Up State and Local Regulation of AI Data Centers In early September, Governor Maura Healey of Massachusetts signed an executive order requiring that artificial intelligence data centers secure the approval of local communities as a precondition to proceeding with a given project. According to the terms of the order, data center developers will need to secure a “community benefits agreement” as a precondition to receiving permits from numerous state agencies, including the Department of Environmental Protection, the Energy Facilities Siting Board, and the Massachusetts Environmental Policy Act Office. Beyond requiring community benefits agreements, the order also mandates that developers mitigate utility costs to consumers, prohibits the use of nondisclosure agreements, and requires various state agencies to develop measures to limit data center impacts on the environment. North Carolina Regulators Decline Approval of Duke Energy Gas Turbine On September 18, 2026, North Carolina Utilities Commission (NCUC) denied Duke Energy’s application for a certificate of public convenience and necessity required to construct a gas-fueled combustion turbine at its Smith Energy Complex in North Carolina. The NCUC objected strongly to the $584 million price tag and noted that Duke appeared to be constructing the facility “based on anticipated data center customer additions.” The NCUC rejected that anticipated growth as “insufficiently reliable for the Commission to act at this point.” In rejecting Duke’s application, the NCUC also noted that Duke had signed the White House Ratepayer Protection Pledge, in which it represented that it would not shift data center costs to consumers. The NCUC observed that the record did not demonstrate how Duke “intends to adhere to its commitments under the Ratepayer Protection Pledge with regard to the Proposed Facility.” Notably, commission staff had actually supported the construction of the turbine, citing concerns about Duke’s reserve margins. The NCUC noted that it “understands the Public Staff’s expressed concerns,” but those concerns were outweighed by the NCUC’s reservations, including questions of demand. Department of Energy Approves Funds for Grid Improvement The U.S. Department of Energy (DOE) recently announced that it would fund 31 grid-improvement projects in 26 states. The funding initiative is part of the DOE’s “SPARK” initiative. The funding will include $1.9 billion in federal funding from DOE and $3.35 billion in recipient cost-sharing funding. The funds will go to projects designed to improve grid reliability and lower electricity costs. Recipients plan to reconductor over 1,500 miles of transmission lines and will deploy grid-enhancing technologies across approximately 21,000 miles. DOE stated that this initiative will make available over 23 additional gigawatts of electricity. Texas Moderates Rules Governing Data Center Interconnection The Texas Public Utility Commission adopted new regulations governing large-load interconnections. The rules impose a flat study fee of $100,000 for all proposed interconnections, which departs from the initial proposal to impose study fees using a tiered system based on project size. Additionally, the final rule eliminates the PUC’s previous proposal to impose a non-refundable interconnection fee of $50,000 per MW of contracted peak demand. The final rule also moderates the initially proposed regulations governing Electric Reliability Council of Texas (ERCOT) notifications for large-load customers’ non-utilized capacity. The proposed rules would have required notifying ERCOT within 30 days of missing a scheduled energization milestone by six months. The final rules, however, do not require informing ERCOT unless a scheduled energization milestone is missed by 24 months. FERC Denies TransAlta 202(c) Cost-Recovery Plan The Federal Energy Regulatory Commission (FERC) recently rejected TransAlta’s plan to recover $19.9 million in expenses stemming from a DOE order in which DOE prohibited TransAlta from retiring its coal-powered Centralia power plant. TransAlta had previously intended to retire the facility at the end of 2025. TransAlta’s cost recovery plan proposed spending an additional $23 million on repairs to continue operating the unit. FERC’s main objection had to do with geographic scope. TransAlta’s recovery plan called for recovering costs from California Independent System Operator (CAISO) and the Southwest Power Pool (SPP), but the DOE’s order requiring operation of the plant was designed to ensure reliability in the Northwest assessment area (Montana, Oregon, Washington, and parts of northern California and northern Idaho). Accordingly, FERC was unwilling to allow cost recovery from CAISO and SPP when the order that precipitated the additional costs only related to the Northwest assessment area. FERC informed TransAlta that it would only approve cost recovery from load-serving entities in the Northwest assessment area. FERC’s decision comes amid a rush of DOE emergency orders requiring the continued operation of coal-fired generating units. Litigation Appeals Court Upholds Washington Hydropower Plant With Caveats In a September 21, 2026, opinion, the Washington Court of Appeals largely upheld a Clean Water Act water quality certification by the Washington Department of Ecology for the Goldendale Energy Storage Project, a proposed pumped-water storage hydropower system adjacent to, but off-stream from, the Columbia River. A nonprofit (Columbia Riverkeeper) and the Confederated Tribes and Bands of the Yakama Nation appealed the certification, contending that it failed to impose necessary conditions and monitoring requirements to protect the water quality of the Columbia River. Most saliently, the plaintiffs argued that the project had the potential to leak 100 acre-feet of water per year into tributaries of the Columbia River. The Court of Appeals broadly rejected plaintiffs’ challenge to the state’s conclusion that “the project was designed not to leak.” That said, the Court of Appeals did reverse on one narrow issue. Specifically, the court determined that the state’s conclusion that “leakage from the project’s tunnels would be monitored and reported” was not supported by the evidence because the certification “does not explicitly require monitoring and reporting to determine whether there is any leakage.” Accordingly, the court remanded the matter to the state to impose monitoring and reporting requirements but otherwise affirmed the certification. Legislative Developments California Legislates Restrictions on Data Center Energy Use and Grid Costs On September 21, 2026, California Governor Gavin Newsom signed seven bills broadly regulating data centers in the state. SB 1168 directed the California Public Utilities Commission to assess the energy used by data centers. It also requires the PUC to pass costs of transmission and distribution upgrades and load increases on to data centers, rather than customers. SB 886 and SB 887 compel data centers to pay for infrastructure upgrade and generation costs, and wildfire mitigation costs, in addition to imposing environmental review. The statutes additionally increase local oversight of data centers. AB 1577 imposes a monthly reporting requirement that requires data centers to supply energy consumption and efficiency data to the California Energy Commission. AB 2383 contains incentives for data centers to use onsite clean energy generation. Finally, AB 2469 and AB 2619 require data center developments to assess water supply and develop a water scarcity plan. The statutes also mandate statewide water reporting as a precondition to obtaining and renewing business licenses.

Insights

SEC Proposes Expansion of Investment Adviser Performance-Based Compensation Rule

On September 30, 2026, the Securities and Exchange Commission (the “SEC”) proposed amendments to Rule 205-3 under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), which provides an exemption from the general prohibition under Section 205(a)(1) of the Advisers Act on registered investment advisers receiving performance-based compensation (the “Proposal”) so long as performance-based compensation is limited to “qualified clients”.1 Most notably for private fund sponsors, the Proposal would expand the definition of “qualified client” to include any investors that satisfy the “accredited investor” definition under Regulation D. The Proposal may also have implications for private fund managers that rely on exemptions from investment adviser registration under state law because certain state-level investment adviser registration exemptions incorporate or otherwise reference the federal qualified client definition. Expansion of the Qualified Client Definition Under the current Rule 205-3, an investor generally may qualify as a qualified client if, among other alternatives, the investor has at least $1.4 million under management with the adviser or has a net worth exceeding $2.7 million. These thresholds are higher than the financial thresholds applicable to many accredited investors under Regulation D. As a result, an investor may currently qualify as an accredited investor for purposes of investing in a private offering without qualifying as a qualified client for purposes of paying performance-based compensation. The Proposal would expand the qualified client definition to include any natural person or legal entity investor that satisfies the accredited investor definition under Regulation D. The Proposal would also remove the assets under management and net worth thresholds under the current Rule 205-3 qualified client test. For private funds relying on Section 3(c)(1) of the Investment Company Act of 1940, this change could reduce the need to apply a separate qualified client standard to investors that already qualify as accredited investors. Dorsey Observations and Next Steps If adopted as proposed, the expanded qualified client definition could be particularly significant for private fund managers. Most private fund offerings are already limited to accredited investors under Regulation D. However, the Proposal could expand the pool of prospective investors available to emerging private fund managers while reducing the regulatory burden associated with complying with Rule 205-3. The Proposal could also benefit advisers operating below the SEC registration threshold that rely on a state private fund adviser exemption. A number of states have adopted exemptions modeled on the North American Securities Administrators Association (“NASAA”) private fund adviser exemption, which may condition relief for advisers to certain funds relying on Section 3(c)(1) on each beneficial owner satisfying the federal qualified client definition. However, state requirements vary, and any effect of the Proposal would depend on the text of the applicable state exemption and how it incorporates Rule 205-3. Many emerging private fund managers may have a larger network of accredited investor relationships than qualified client relationships during the early stages of their investment advisory business. Currently, under Rule 205-3, private fund managers may receive performance-based compensation from investors who do not satisfy the qualified client definition if those investors were admitted to their private funds prior to registration with the SEC. Following registration with the SEC, however, managers may continue to permit investors that are not qualified clients to invest in future private funds but may not receive performance-based compensation from those investors with respect to such investments. In addition, because the net worth and assets under management thresholds for qualified client status are adjusted for inflation every five years, the pool of qualified client investors may diminish over time as previously eligible investors no longer satisfy the applicable thresholds. The Proposal could provide the dual benefit of greater flexibility for private fund managers to establish and maintain relationships with accredited investors as their businesses scale and they become registered with the SEC, and greater flexibility for certain accredited investors to participate in investment strategies that historically have been restricted to much larger institutional investors. Unless and until the Proposal is adopted, investment advisers should continue to comply with the existing qualified client requirements. If the Proposal is adopted, private fund sponsors should consider whether corresponding changes are appropriate for their subscription documents, investor questionnaires, and other offering materials. Advisers that are state-registered or rely on a state-level exemption should also consult the laws and regulations of each relevant jurisdiction before changing investor eligibility standards or performance-based compensation practices, because adoption of the federal amendments may not automatically modify state requirements. Comments on the Proposal will be due 60 days after publication in the Federal Register. 1 Investment Adviser Performance-Based Compensation Modernization, Investment Advisers Act Release No. IA-7022 (Sept. 30, 2026), available at https://www.sec.gov/rules-regulations/2026/09/s7-2026-28#33-11443proposed.