Photograph of Tyler A. O'Connor

Tyler A. O'Connor

Partner


Tyler O’Connor is an energy litigator and public policy leader in Crowell & Moring’s Washington, D.C. office, where he represents clients in the courts, in arbitration forums, and before federal agencies.

Prior to joining Crowell, Tyler served as the Energy Counsel to the House Energy and Commerce Committee, where he played a leading role in drafting the Inflation Reduction Act (IRA) and Infrastructure Investment and Jobs Act (IIJA). He was the lead House lawyer responsible for the Federal Power Act and Natural Gas Act and worked extensively on transmission, energy cybersecurity, and energy supply chain issues. His work brought him into frequent contact with senior administration officials, including at the Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC), as well as congressional leadership. As the staffer responsible for emerging technologies, including hydrogen and offshore wind, as well as the Loan Programs Office, Tyler has been at the center of energy policy discussions.

In addition to helping clients navigate the IRA and IIJA, Tyler represents energy industry clients in civil litigation, enforcement matters, and in disputes against the government. He has successfully represented clients in bet-the-company litigation, including in multi-hundred-million-dollar contract disputes, in FERC and DOE enforcement actions, and in suits against the Department of Interior, Environmental Protection Agency, and the U.S. Army. In addition to his trial practice, Tyler has co-authored numerous U.S. Supreme Court and appellate briefs on energy, environmental, civil rights, torts, and other issues.

Tyler maintains a very active pro bono litigation practice. He has co-authored U.S. Supreme Court and D.C. Circuit amicus briefs on behalf of the American Bar Association and NAACP Legal Defense and Education Fund, respectively; served as co-counsel with the ACLU in securing a major First Amendment victory at the U.S. Court of Appeals for the Fourth Circuit; first-chaired a criminal jury trial in Maryland state court on behalf of an indigent client; and counsels refugees seeking asylum in the United States.

Tyler clerked for the Honorable Catharina Haynes on the U.S. Court of Appeals for the Fifth Circuit.

Tyler received his J.D. magna cum laude and Order of the Coif in 2014 from the Emory University School of Law, where he was a member of the school’s law review.

Education

  • Emory University, B.B.A. (2011) with distinction
  • Emory University School of Law, J.D. (2014) magna cum laude, Order of the Coif

Affiliations

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Practices

Energy

Government Affairs

Environmental, Social, and Governance

Energy Litigation

Renewable Energy

NERC - Electric Reliability

Investigations

Congressional Investigations

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  • Successfully representing an independent power producer in a multi-hundred-million-dollar power purchase agreement dispute with a large California utility. 
  • Securing multiple TROs in state court over the course of one month in bet-the-company litigation on behalf of a company that develops financial products for energy merchants and commodity trading firms. 
  • Successfully representing a battery storage developer in a FERC dispute involving PJM’s recalibration of its methodology for compensating energy storage projects. 
  • Successfully resolving numerous rate cases at FERC on behalf of Energy Group clients. 
  • Obtaining a significant damages award on behalf of a client in a multijurisdictional dispute involving breach of contract and allegations of fraud, ultimately resulting in a favorable global settlement for our client. 
  • Representing a pipeline in a non-public FERC Office of Enforcement investigation, which was resolved without any further action by the agency. 
  • Resolving claims by the DOE’s Office of Enforcement against manufacturing clients alleging violations of energy conservation standards under the Energy Policy Conservation Act. 
  • Securing victory in the U.S. Court of Federal Claims on the theory that the government effectuated a taking of a real-estate developer’s property in violation of the Fifth Amendment to the U.S. Constitution.
"President Biden Outlines White House Priorities in FY 2024 Budget Request," Government Contracts Bullet Points (March 14, 2023). Contacts: James G. Flood, Kate Beale, Byron R. Brown, W. Scott Douglas, Stacie Heller, Tyler A. O'Connor, Tim Shadyac
Client Alert / Newsletter
"DOT Releases Final Standards for Federally Funded EV Charging Stations," (March 10, 2023). Contacts: Byron R. Brown, Rebecca Baden Chaney, Lorraine M. Campos, Thomas A. Lorenzen, Tyler A. O'Connor
Client Alert / Newsletter
"How Gov't Enviro Justice Push May Affect Developers," Law360 (February 8, 2023). Authors: Tyler A. O'Connor, Elizabeth B. Dawson, Byron R. Brown, and Eryn Howington.
Publication
"Déjà Vu: The Lessons of Solyndra & What Energy Companies Can Expect Under the 118th Congress," Environment & Natural Resources Law Alert (January 27, 2023). Contacts: Tyler A. O'Connor, Byron R. Brown, James G. Flood, Rukiya Mohamed
Client Alert / Newsletter
"Appliance Manufacturers and Importers Should Prepare for Increased DOE Enforcement Activity in 2023," Environment & Natural Resources Law Alert (January 26, 2023). Contacts: Matthew B. Welling, Tyler A. O'Connor, Felicia L. Isaac, Lynn Phan
Client Alert / Newsletter
Former DOJ Trial Attorney Jason Crawford Returns to Crowell & Moring (January 25, 2023)
Firm News / Announcement
"Fastest 5 Minutes Special Edition: Infrastructure and Inflation Reduction Act in 2023," Podcast: Fastest 5 Minutes in Government Contracts (January 24, 2023). Contacts: Adelicia R. Cliffe, Eric Su, Elizabeth B. Dawson, Tyler A. O'Connor, Peter Eyre
Client Alert / Newsletter
"Cyber and Physical Attacks on the Electric Grid Should Prompt New Year’s Resolutions for the Energy Industry," Environment & Natural Resources Law Alert (January 13, 2023). Contacts: Tyler A. O'Connor, Evan D. Wolff, Matthew B. Welling, Maida Oringher Lerner, Deborah A. Carpentier, Michael G. Gruden, CIPP/G
Client Alert / Newsletter
"IRS Issues Guidance on the Inflation Reduction Act’s Clean Vehicle Provisions and Treasury Releases White Paper on Forthcoming Critical Minerals and Battery Guidance," Tax Alert (January 10, 2023). Contacts: Irina Pisareva, Tyler A. O'Connor, Byron R. Brown
Client Alert / Newsletter
"EPA Seeks Comment on IRA Clean Ports Program," Environment & Natural Resources Law Alert (January 3, 2023). Contacts: Tyler A. O'Connor, Felicia L. Isaac
Client Alert / Newsletter

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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